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 measure took effect on September 21, 2025, at 12:01 a.m. EDT and is set to last for twelve months, with the possibility of an extension.
Initially, there was confusion about who would be affected by the Proclamation. The government later clarified that it only applies to new H-1B petitions filed on or after September 21, 2025. Lawsuits challenging the legality of the Proclamation were filed on October 3 and October 16. These legal challenges are still pending.
The H-1B visa allows foreign professionals in specialty occupations—such as business, technology, engineering, medicine, or science—to work in the United States temporarily. Employers must sponsor these visas and confirm they are not displacing U.S. workers while offering prevailing wages. The visa typically lasts up to six years and is tied to a specific employer.
Although most restaurant positions do not qualify for H-1B visas and instead use H-2B visas for seasonal roles like serving or dishwashing, some specialized restaurant roles may be eligible if they meet the “specialty occupation” requirement—for example, executive chefs at prestigious establishments or managerial positions.
The Proclamation requires a $100,000 payment for each new H-1B petition filed after September 21, 2025. Proof of this payment must be shown at consulates or ports of entry; without it, visa issuance or admission into the U.S. will be denied.
Exceptions to this rule can be made if deemed in the national interest. These exceptions could apply to specific individuals, all employees of certain companies, or entire industries. However, no additional guidance has been provided regarding how these waivers will be granted or what criteria will be used.
Employers and individuals are advised to consult with immigration attorneys before making travel plans or filing new H-1B petitions under these new rules.
“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 compliance solutions for the restaurant and hospitality industry related to employment eligibility verification (I-9), audits, discrimination claims, and other matters involving immigration law.
