Updated Guidance on the Proclamation "Restriction on Entry of Certain Nonimmigrant Workers" from USCIS, CBP, and DoS

On September 19, 2025, the White House signed a proclamation titled, "Restrictions on Entry of Certain Nonimmigrant Workers." However, since the proclamation's issuance, the U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and the Department of State (DoS) have provided important clarifications on the scope and implementation of this proclamation, which can be found on USCIS' memo, USCIS' frequently asked questions, CBP's memo, and DoS' frequently asked questions. 

According to this federal agency guidance:

• The proclamation applies only prospectively to H-1B petitions that have not yet been filed. 
• It does not apply to:
  • Beneficiaries of petitions filed prior to the proclamation's effective date (12:01 am EST, Sunday, September 21, 2025)
  • Beneficiaries of currently approved petitions, or
  • Individuals currently holding validly issues H-1B visas. 

This clarification confirms that the proclamation does not affect the status of current H-1B visa holders, nor those with petitions already filed or approved. 

While this proclamation does not impact F or J visa holders, we want to recognize that many have included in their plans to pursue an H-1B visa. For further questions about this Proclamation, we highly encourage individuals to consult with an immigration attorney. The International Student and Scholar Services provides a list of immigration attorneys as a resource. The University of Utah does not recommend or endorse any particular immigration attorney(s). Individuals are responsible for selecting and vetting the attorney of their choice for their particular legal needs.