Greetings,
As you are aware, on Friday, September 19, 2025, President Trump signed the Restriction on Entry of Certain Nonimmigrant Workers. The Proclamation sets out to restrict the entry into the U.S. of first-time/initial H-1B specialty occupation workers unless employers pay a $100,000 fee per petition. This proclamation took effect at 12:01 AM ET on September 21, 2025.
Since then, there have been clarifying statements issued by USCIS and CBP indicating that the proclamation will not impact:
- H-1B workers who are the beneficiaries of currently approved petitions
- any petitions filed prior to 12:01 AM ET on September 21, 2025
- any H-1B worker in possession of a valid H-1B visa stamp
- any payments or fees required to be submitted in connection with any H-1B renewal
Last week, following consultation with senior leadership and university counsel, the International Services Office (ISO) informed hiring departments that we would not be filing any new H-1B petitions (consulate notifications, change of status, or portability cases) until detailed aspects of the proclamation were fully understood—specifically who would be exempt from the $100,000 petition fee.
Following that email, many of you reached out to the ISO indicating your concern about the pause as it relates to timing and the current immigration status of international employees working in your departments. We understand that for many employees who are on F-1 Optional Practical Training (OPT) or are currently in the country under Temporary Protected Status (TPS) there is significant anxiety about filing an H-1B petition in a timely manner.
ISO has been in regular contact with legal counsel and senior leadership about these concerns. In light of the ongoing uncertainty regarding key details from the proclamation, specifically who will be included in the exemptions and how the fee will be paid, the ISO has been advised that it may resume filing new H-1B petitions that are deemed time sensitive and/or critical. Unfortunately, this decision was reached in the wake of the government shutdown.
Fee-funded agencies like USCIS continue operations during the shutdown. However, federal agencies which rely on congressional funding are affected. This includes the U.S. Department of Labor (DOL)’s Office of Foreign Labor Certification (OFLC) which administers all foreign labor certifications. The activities of this office have been suspended and access to the Foreign Labor Application Gateway (FLAG) has been disabled. As result our office cannot submit any Labor Condition Applications (LCAs) or access certified LCAs until the federal government ends the shutdown. Access to the DOL website and the FLAG system are integral to preparing H-1B petitions.
To continue moving forward, the ISO will begin to file, consistent with the above, H-1B petitions that have certified LCAs. We do not know what will happen once the petitions are filed. It is our hope that filing at this time will result in approvals that will not require the $100,000 fee. If a petition requires payment of $100,000, ISO will contact the hiring department and its senior leadership to determine next steps. Departments and schools should understand that payment of the $100,000 fee does not guarantee that an application will be accepted.
Please note, we will continue to accept H-1B requests from departments and prepare petitions until they can be filed. If circumstances continue to delay the filing of new petitions, the ISO team is considering alternative visa pathways, such that current international employees who are not under H-1B sponsorship can continue the extraordinary work that they are doing and new hires can join the University of Rochester with efficiency.
Our office realizes the shutdown adds another layer of uncertainty coming soon after the H-1B presidential proclamation. We share the University leadership’s hope that the shutdown can be resolved quickly. Nevertheless, we ask for your continued patience while we navigate these unprecedented challenges and monitor progress towards clarity and resolution.
Kindest regards,
Wendy Fritz, Ed.D
Interim Director, International Services Office