H-1B Proclamation FAQ

No.

The CBP Guidance (September 20, 2025) states that the EP “does not impact the ability of any current visa holder to travel to or from the United States.”

No, unless the H-1B petition filed after September 21, 2025 and was approved for consular processing (i.e., the beneficiary must apply for an H-1B visa at a U.S. consulate and then enter the U.S. in H-1B status). An H-1B petition that was approved for consular processing will not have a new I-94 Arrival/Departure Record attached to the bottom of the H-1B approval notice; rather, the approval notice will have a notation on it stating that a particular U.S. Consulate has been notified of the approval.

The USCIS Guidance (October 21, 2025)  states that if you are the beneficiary of an approved petition for H-1B (filed before or after September 21, 2025) you will not be considered subject to the $100,000 fee if you subsequently depart the United States and apply for a visa abroad based on the approved petition and/or seek to reenter the United States on a current H-1B visa.

The USCIS Guidance also states that the EP does not apply to a petition filed on or after September 21, 2025 that is requesting an amendment, change of status, or extension of stay for a beneficiary that is inside the U.S. Further, the beneficiary of such an H-1B petition will not be considered subject to the EP if the beneficiary subsequently departs the U.S and applies for an H-1B visa based on the approved petition and/or seeks to re-enter the U.S. in H-1B status.

No.

The DOS Guidance (September 21, 2025) states that the EP “does not prevent any holder of a current H-1B visa from traveling in and out of the United States.”

No.

The USCIS Guidance (September 21 and 20, 2025) states that the EP “only applies prospectively to petitions that have not yet been filed” as of September 21, 2025 and the DOS Guidance (September 21, 2025) states that the EP “does not [a]pply to any previously issued H-1B visas.”

No.

The USCIS Guidance (September 21 and 20, 2025) states that the EP “does not apply to any petitions submitted prior to 12:01 a.m. Eastern Daylight Time on September 21, 2025.”

No.

The White House Guidance (September 20, 2025) and the USCIS Guidance (September 21 and 20, 2025) both state that the EP does “not change any payments or fees required to be submitted in connection with H-1B renewals.”

No.

The EP does not apply to an H-1B petition submitted on or after September 21, 2025 for Change of Status, Change of Employer, Amendment or Extension.

Yes.

The EP applies to any H-1B petition filed on and after September 21, 2025 on behalf of a prospective H-1B beneficiary who is outside the U.S. or who is inside the U.S. but is only approved for consular processing (a so-called “Consular Processing” petition).

No.

The EP permits the DHS to exempt “all aliens working in an industry” if DHS determines that “the hiring of such aliens to be employed as H-1B specialty workers is in the national interest and does not pose a threat to the security or welfare of the U.S.” Therefore, it is possible that all H-1B petitions submitted by a cap-exempt employer, such as a university, would be exempted from the EP. At this point, no guidance has been issued if such an exemption is being considered.

No.

No, it is effective for the next 12 months.

Based on the USCIS Guidance, we are not aware of any currently ASU-sponsored H-1B beneficiaries who would be subject to the EP; therefore, continue to follow standard procedures regarding maintenance of your H-1B status, international travel, and application for an H-1B visa at a U.S. Consulate.

Based on the USCIS Guidance, hiring departments should continue submitting H-1B change of status, change of employer, amendment, or extension of stay requests. However, hiring departments should not proceed with the submission of an H-1B sponsorship for a prospective employee who is outside the U.S.