Greetings,<\/p>\n
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As you are aware, on Friday, September 19, 2025, President Trump signed the Proclamation titled Restriction on Entry of Certain Nonimmigrant Workers (\u201cthe Proclamation\u201d). The Proclamation sets out to restrict the entry of 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.<\/p>\n
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Since then, United States Citizenship and Immigration Services (USCIS) has issued clarifying guidance indicating that the Proclamation\u00a0will not<\/em><\/strong>\u00a0impact:<\/p>\n <\/p>\n <\/p>\n Worth noting is that the\u00a0\u201cbeneficiary of such petition will\u202fnot<\/em><\/strong> be considered to be subject to the payment if he or she subsequently departs the United States and applies for a visa based on the approved petition and\/or seeks to reenter the United States on a current H-1B visa.\u201d<\/p>\n <\/p>\n The Proclamation\u202fwill<\/em><\/strong>\u00a0apply to:<\/strong><\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n Exceptions Based on National Interest<\/em><\/p>\n <\/p>\n The Proclamation allows for exceptions to the $100,000 payment where the employer can demonstrate that the H-1B worker\u2019s hiring is in the national interest. Employers seeking such an exception must email USCIS prior to filing an H-1B petition to demonstrate the following<\/strong>:<\/p>\n <\/p>\n <\/p>\n The process for seeking exceptions was only announced on October 20, so it remains unclear how frequently exceptions will be granted, and how long they will take to process. USCIS guidance states that such exceptions will be \u201cextraordinarily rare.\u201d The ISO will work with hiring departments, Government Relations, and Office of Counsel to identify cases for which the University will request such exceptions.<\/p>\n <\/p>\n If hiring managers and department representatives are interested in recruiting a potential employee subject to the Proclamation, special consideration will be needed with respect to the person\u2019s physical location, alternate visa options, and the timeline for hiring. This does not necessarily mean that a person outside of the U.S. cannot be recruited; it will, however, require departments to plan to allow the\u00a0maximum\u00a0amount of time to determine if the University will request an exception and obtain a decision on the request, if filed.<\/p>\n <\/p>\n Payment of the $100,000 Fee<\/em><\/p>\n <\/p>\n The $100,000 fee must be paid by the sponsoring employer, and this cost should not be passed along to the employee. Proclamation Sections 2(b) and (c) reference DOS and DHS verification that “the filing employer” and “the prospective employer” has made the required payment before a visa is issued or entry to the United States is\u00a0permitted.\u00a0Further, the H-1B visa category contains wage restrictions that restrict an employer\u2019s ability to pass costs along to the H-1B employee.<\/p>\n <\/p>\n Payment must be made prior to filing a petition with USCIS.\u00a0\u00a0When filing the petition, petitioners must\u00a0submit\u00a0proof that the payment has been scheduled from pay.gov or evidence of an approved exception from the Secretary of the Department of Homeland Security.\u00a0Petitions subject to the $100,000 payment that are filed without a copy of the proof of the payment from pay.gov or evidence of an exception from the Secretary of Homeland Security will be denied.<\/p>\n <\/p>\n Government Shutdown<\/u><\/em><\/p>\n <\/p>\n All of this is taking place in the wake of the government shutdown.\u00a0\u00a0As previously communicated, fee-funded agencies like USCIS continue operations during the shutdown.\u00a0\u00a0However, federal agencies which rely on congressional funding are affected. This includes the U.S. Department of Labor (DOL)\u2019s\u00a0Office of Foreign Labor Certification\u00a0(OFLC) which issues Labor Condition Applications (LCAs). The LCA is a required pre-filing step required for every H-1B petition. OFLC\u2019s activities have been suspended and their website shut down. This means that our office cannot\u00a0submit\u00a0any 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.<\/p>\n <\/p>\n Next Steps<\/em><\/p>\n <\/p>\n To continue moving forward, the ISO has started filing H-1B petitions with previously certified LCAs and where the circumstances are such that, per the guidance discussed above, the $100,000 fee does not apply.\u00a0\u00a0Where a petition appears subject to the Proclamation, ISO will contact the hiring department and its senior leadership team to\u00a0determine\u00a0next\u00a0steps, including possible exceptions and alternate visa categories. Decisions to pay the $100,000 fee must be made in conjunction with the ISO, senior leadership, and the Office of Counsel. Departments and schools should set clear expectations with candidates around this Proclamation and avoid making assurances that the University will seek an exception or pay the fee in a particular case.<\/p>\n <\/p>\n 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 and the University of Rochester Medical Center with efficiency.<\/p>\n <\/p>\n\n
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