Published: October 8, 2025
Are you seeking to visit the US for a temporary purpose? If so, you need to secure a nonimmigrant visa to enter the country for tourism, medical treatment, business, or certain types of temporary work. Immigration law determines the specific nonimmigrant visa based on the purpose of your travel. Suppose you intend to temporarily work in a specialty occupation in the US. A US employer must file a petition and sponsor you for an H-1B visa.
In FY 2024, the total applications for H-1B visas reached 225,957. Of these, the government approved 219,659 applications and refused about 6,298. But with the new restrictions in place, nonimmigrant workers may face limited entry to the US. Learn about the potential impact to avoid unnecessary delays or denials.
Overview of the New Restrictions on Nonimmigrant Worker Entry
A presidential proclamation issued on June 4, 2025, restricts the entry of certain foreign nationals. The primary purpose of the restriction is to protect the country’s national security, particularly against terrorism-related concerns and high visa overstay rates from certain countries flagged as high-risk.
On September 19, 2025, the President issued a separate proclamation limiting the entry of certain H-1B nonimmigrant workers to address recurring abuses in the visa program. An exception to this entry restriction is possible when the H-1B petition includes an additional payment of $100,000. Additionally, only those new petitions filed on or after 12:01 a.m. Eastern Daylight Time on September 21, 2025, are subject to these restrictions.
Suppose you filed the petition before the effective date, or if you already have an existing H-1B visa. In that case, restrictions on visa issuance and entry don’t apply to you. Unless extended, the new monetary requirement will be effective for 12 months, expiring on September 21, 2026.
Impact of the New Entry Restrictions and Steps You Can Take
The United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) will begin implementing the additional H-1B fee for new petitions from aliens outside the US.
Although the full scope of the restrictions is still evolving, employers and applicants must remain updated and be ready for the immediate and long-term effects of the new entry restrictions. Keep the following steps in mind while the changes take effect.
- Be prepared for significant additional fees when filing the H-1B petition.
- Expect longer processing times and increased wait times for approval of your H-1B visa.
- Know whether you qualify for the exceptions to the new restrictions and fees.
- Substantiate your H-1B petition with sufficient evidence to strengthen your approval chances.
- Obtain legal guidance from a qualified Los Angeles immigration attorney.
Remain Informed With a Los Angeles Immigration Lawyer
The scope and implementation of the new entry restrictions are not fully defined. Further guidance is expected from the DHS. Still, H-1B employers and applicants must remain informed and prepare for potential immediate disruptions and long-term changes with the assistance of a Los Angeles immigration lawyer.
ALG Lawyers will continue to share updates as new information becomes available. Don’t hesitate to contact our firm for personalized guidance on your H-1B application and other immigration-related concerns. Start your consultation with our legal team today.
FAQs on New Entry Restrictions for Certain Employment-Based Nonimmigrant Visas
Are there any exceptions available for the new fee and entry restriction?
The presidential proclamation outlined specific exceptions for the new fee and entry restriction. In particular, the suspension of and limitation on entry don’t apply to the following:
- Refugees
- Lawful permanent residents
- Attendees of major sporting events
- Immediate relative immigrant visa holders
- Persecuted religious minorities
It’s worth noting that the Secretary of State has the discretion to grant exceptions on a case-by-case basis, depending on the specific circumstances of the individual.
Do the new entry restrictions apply to H-1B cap-exempt filings?
It’s still unclear whether cap-exempt employers filing new H-1B petitions and changing status to H-1B fall under the category of new petitions and require the $100,00 payment fee. This creates uncertainty for cap-exempt organizations, such as universities and non-profits.
How can legal guidance help minimize risks under the new entry restrictions?
Acquiring legal guidance from a qualified Los Angeles immigration lawyer helps you understand the eligibility criteria and comply with the required qualifications. They can help ensure proper filing, minimizing the risks of processing delays or application denials, particularly under the new entry restrictions.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)