Dear AAUP and recent MESA Members:
On Friday, September 19, 2025, the White House published a new Presidential Proclamation that imposes a $100,000 fee on employers filing H-1B petitions and restricts the entry of H-1B visa holders unless the underlying petition is accompanied or supplemented by a payment of $100,000. We write to share information for members who are H-1B visa holders or are contemplating applications for an H-1B visa. This information has been produced in consultation with immigration attorneys at the law firm Van Der Hout Immigration and Nationality Law, LLP. Please note that subsequent events may change the legal landscape. Litigation has commenced and more litigation may follow.
The effective date for the visa changes was Sunday, September 21, 2025, at 12:01 am EDT. The order does not provide details regarding implementation or how fees are to be paid. While the proclamation on its face appeared to target H-1B workers outside the U.S. and those currently applying for H-1B visas, subsequent guidance from U.S. Citizenship and Immigration Services (USCIS) indicated that the proclamation does not apply to petitions submitted prior to September 21, 2025 or to current H-1B visa holders. Similar guidance appeared to be issued by U.S. Customs and Border Protection (CBP). That being said, international travel in H-1B status may nonetheless pose a risk until the pattern of implementation and enforcement of the terms of the proclamation becomes clearer.
We realize that many of our members working on an H-1B visa were already worried about travel across borders after the chaos occasioned by visa revocations last spring. We understand that the Presidential Proclamation will only serve to enhance anxieties about international travel. For those H-1B visa holders who feel concerned and are currently in the U.S., it may be prudent to hold off on travel until there is greater clarity on how CBP is handling re-entry for H-1B visa holders in practice.
The proclamation also provides that:
- Within 30 days of the next H-1B lottery (i.e., March 2026), the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Secretary shall jointly submit a recommendation to the President as to whether renewing or extending the restriction on reentry is in the best interest of the U.S.
- The Secretary of State shall issue guidance to prevent the “misuse” of B visas by beneficiaries of approved H-1B petitions who have start dates prior to 10/1/26
- The Secretary of Labor shall initiate rulemaking to revise the prevailing wage levels and to prioritize the admission of high-skilled and high-paid nonimmigrants. No proposed rule has been published to date.
The general information provided above is not intended as legal advice and is subject to change. Please consult with immigration counsel for specific legal advice about your case.
For those planning to apply for an H-1B visa, the new conditions announced in the Presidential Proclamation are devastating, particularly for those applying to academic positions given the incredible financial burden now placed on prospective employers and/or visa applicants. This burden may be all but insurmountable for many colleagues and their institutions. We intend to support our members through all available avenues as international students and scholars navigate the ever-changing and chaotic immigration landscape.
The AAUP and MESA stand with all our members—regardless of their immigration status—during this confusing and scary time. We are monitoring developments. We will provide updates as they become available.
In solidarity,
Veena Dubal, JD, PhD
General Counsel
American Association of University Professors (AAUP)
Aslı Bâli, JD, PhD
President
Middle East Studies Association of North America (MESA)