On September 19, 2025, the President issued a Proclamation that temporarily suspends decisions on new H-1B visa petitions and restricts entry for certain H-1B workers unless a $100,000 fee is paid. The policy became effective on September 21, 2025, at 12:01 a.m. EDT and will remain in place for twelve months, with the possibility of an extension.
The initial interpretation of the Proclamation suggested it would apply to all H-1B workers outside the United States as of the effective date. However, subsequent clarification from government officials stated that only new H-1B petitions filed on or after September 21, 2025 are affected.
Legal challenges have been mounted against the Proclamation. Lawsuits were filed on October 3 and October 16 contesting its legality. These cases are currently pending in court.
The H-1B visa is a temporary U.S. visa for foreign professionals in specialty occupations requiring at least a bachelor’s degree or equivalent experience in fields such as business, technology, engineering, medicine, or science. Employers must sponsor applicants by ensuring they receive prevailing wages and do not displace U.S. workers. The visa typically lasts up to six years and is tied to specific employers.
While most restaurant positions like serving or dishwashing are generally filled through other visa categories such as the H-2B program, there are circumstances where restaurants may use H-1B visas for specialized roles if those positions qualify as specialty occupations—for example, chefs at high-end establishments or managerial staff.
Under the terms of the Proclamation:
– A $100,000 payment must be submitted with each new H-1B petition filed after September 21, 2025.
– Proof of payment is required at U.S. consulates or ports of entry; without it, visa issuance or admission will be denied.
– The rule does not affect individuals with approved H-1B petitions filed before September 21, current holders of valid H-1B visas (who may still travel), or those seeking extensions or changes of employer within the United States.
– Exceptions may be granted in cases deemed to serve national interests—this could include certain individuals, employees at specific companies, or members of particular industries—but no further guidance has yet been provided regarding these waivers.
“Consult with Messner Reeves to determine if this proclamation affects your situation. Avoid making international travel plans or filing new H-1B petitions without first discussing with an immigration attorney,” said David Asser of Messner Reeves.
Messner Reeves offers worksite compliance services for the restaurant and hospitality sector—including I-9 compliance checks and audits—as well as support for discrimination claims and assistance with labor condition application requirements related to H-1B visas.
