Statement of H-1B Executive Action

On September 19, 2025, President Trump issued a Proclamation titled “Restrictions on Entry of Certain Nonimmigrant Workers” that has sparked confusion across the business community. The order appeared to require a new $100,000 fee for most H-1B visa petitions and bar current H-1B holders from reentering the U.S. without it.

The H-1B program is critical to filling high-skilled jobs that support industries across Wyoming and the nation. While the Proclamation pointed to misuse of the system as a threat to American workers, its rollout left employers and employees scrambling for clarity.

The U.S. Chamber released a statement that reflects our concern here in Wyoming as well:

“We’re concerned about the impact on employees, their families, and American employers. We’re working with the Administration and our members to understand the full implications and the best path forward.”

Over the weekend, federal agencies issued some clarification. Current H-1B visa holders with approved petitions and valid visas are not subject to the new restrictions. Instead, the $100,000 fee applies only to new H-1B petitions filed on or after September 21, 2025 for individuals outside the U.S. An exception may be available for petitions deemed in the “national interest,” though details remain unclear.

Despite this guidance, many questions remain, particularly regarding renewals and employer changes. Legal challenges are expected, and further rules from federal agencies are anticipated in the coming days. In the meantime, we would advise employers to consult with legal counsel before making decisions and to avoid relying on unofficial statements or social media updates.