President Trump signed a proclamation today directing that a $100,000 fee be charged to H-1B petitioners for the next 12 months. While the text and the exact intent of the proclamation is unclear, it appears that the proclamation directs USCIS to refrain from approving any H-1B petitions for individuals outside the U.S. unless the employer has paid the $100,000 fee. The proclamation also appears to restrict the entry of individuals in H-1B status unless their employers have paid the $100,000 fee. It is unclear whether this is a per-employer fee or a per-petition fee.

We anticipate that the new $100,000 fee will be challenged in court. However, the text of the proclamation appears to implement a ban on the entry of individuals in H-1B status unless and until the employer pays a $100,000 fee. There is presently no mechanism for making such a payment, nor is it clear from the proclamation how such a fee would be paid.

TRAVEL ALERT: Any individuals in H-1B status with imminent travel plans may wish to reconsider departing the U.S. until more clarity exists regarding the implementation of the H-1B entry ban.  Due to uncertainty about the implementation of the proclamation among Customs and Border Protection officers at the U.S. borders and ports of entry, individuals outside the U.S. may experience delays and/or refusal of admission in H-1B status beginning Sunday 9/21 at 12:01 AM EST unless additional guidance is released by the Dept. of Homeland Security.

T&S will continue analyzing the proclamation and communicating with immigration advocacy groups regarding potential litigation. We will also provide a detailed analysis of the proclamation and any related guidance early next week.