📰 Update - Impact of President Trump's H-1B Executive Order

As you are likely aware from the news and GG&W updates, on September 19, 2025, President Trump issued an Executive Order (EO) proclamation restricting the entry of anyone seeking to enter or reenter the U.S. in H-1B status without payment of a new $100,000 fee. This proclamation became effective starting at 12:01 a.m. EDT Sunday, September 21, 2025.

Since this surprising announcement, the administration, as well as various governmental agencies (USCIS, CBP, and DOS), have attempted to provide more clarity on who may be affected by this new EO, but still questions remain.

From what we know from this guidance, it appears this EO and $100,000 fee does not impact the following individuals:

• Does not apply to the holder of any previously issued H-1B visa (if a visa is required);

• Does not apply to any H-1B petitions submitted to the USCIS prior to 12:01 AM EST on September 21, 2025, and

• Does not apply to “H-1B renewals.”

This language on “renewals,” however, remains one of the unclear issues of the EO that requires clarification. It appears clear from all guidance that H-1B extensions filed with the USCIS by the same employer are safe from this new fee. It also appears clear that any H-1B visa holders with visa stamps already in their passport and/or are applying for a renewal of their H-1B visa stamp at a U.S. embassy/consulate abroad based on an H-1B petition filed prior to 12:01 AM EST on September 21, 2025 will not be subject to this new $100,000 H-1B fee.

However, we are still unsure if other forms of “renewals” (change of employer, change of status, etc.) would be subject to the $100,000 fee and whether any nonimmigrant visa processing at a U.S. embassy/consulate abroad for H-1B cases filed with the USCIS after 12:01 AM EST on September 21, 2025 would be subject to this fee upon attending a visa stamping appointment abroad. We do expect that additional updates, guidance, and clarifications will be provided in the coming days, and GG&W continues to monitor all updates from the administration as they arise.

It should also be noted that several legal challenges are expected regarding this EO which may impact its future enforceability.  GG&W is also monitoring these legal updates accordingly.

GG&W still recommends that any H-1B foreign national wishing to travel internationally based on these updates consult with a GG&W attorney before making any travel plans and/or departing the United States.