Dear Campus Community,
The information contained in our update is provided for informational purposes only and should not be construed as legal advice on any subject matter.
Context
The H-1B visa program was created in 1990 by President George H.W. Bush to allow U.S. employers to hire highly skilled workers from outside of the United States to fulfill workforce needs in specialty occupations. UMBC employs nearly 90 research scientists, faculty, and staff through the H-1B visa program and the contributions of these highly skilled individuals contribute to the cutting-edge research and world-class education that we are able to provide.
On September 19, 2025, President Trump issued a
proclamation, Restriction on Entry of Certain Nonimmigrant Workers, that requires employers to make payment of a $100,000 government fee per each individual H-1B employee seeking to enter the United States, unless an exception is granted. This proclamation became effective on September 21, 2025, at 12:01 a.m. EST and will last for 12 months, unless extended.
Key Provisions
Scope: The proclamation applies prospectively to new petitions of H-1B employees who are outside of the United States while the proclamation is in effect unless covered by an approved exception. The proclamation does not apply to any individual who is the beneficiary of petitions filed prior to the effective date of the proclamation, is the beneficiary of currently approved petitions, or is in possession of a validly issued H-1B non-immigrant visa.
- The White House released an FAQ document making the following clarifications:
- the proclamation does not apply to any previously issued H-1B visas, or any petitions submitted prior to 12:01 a.m. EST on September 21, 2025;
- the proclamation does not change any payments of fees required to be submitted in connection with any H-1B renewals;
- the fee is a one-time fee on submission of a new H-1B petition; and
- the proclamation does not prevent any holder of a current H-1B visa from traveling in and out of the United States.
Travel: According to The White House FAQ and agency memoranda, the proclamation does not impact the ability of current H-1B visa holders from traveling to or from the United States. The entry restriction only applies to new H-1B petitions for individuals who are outside of the United States.
Petition Processing: USCIS will restrict decisions on new H-1B petitions lacking evidence that the $100,000 payment was made in advance of filing the petition when the beneficiary is outside of the United States for as long as the proclamation is in effect, unless an exception is granted.
Visas: U.S. embassies and consulates will not approve issuance of H-1B visas without evidence that the $100,000 payment was made by the filing employer. It is also implied that individuals with approved H-1B petitions who have an employment start date beginning prior to October 1, 2026, will be restricted from obtaining B (business/tourism) visas.
Exceptions: The Secretary of Homeland Security is authorized to grant exceptions to this proclamation for specific individuals, all workers for specific employers and all workers in specific industries. At the time of writing this message, the U.S. Department of Homeland Security has not issued guidance on approved exceptions other than those previously mentioned.
Wages: The Secretary of Labor will initiate rulemaking to revise and raise wage levels for H-1B employees.
Guidance
Travel: H-1B employees planning to travel abroad are advised to consult with the Center for Global Engagement and carry a copy of the CBP
memorandum on their person when passing through a U.S. port of entry.
Staffing: Supervisors should be prepared for the possibility that new hires who are currently outside of the United States will be unable to obtain an H-1B visa or enter the United States unless they qualify for an exception from the proclamation or can provide documentation verifying that the $100,000 fee was paid. Please contact
Human Resources and Strategic Talent Management with any questions or concerns as it relates to hiring new employees.
Resources
UMBC’s Employee Assistance Program provides employees with access to free confidential counseling and connections to attorneys who can help with a variety of issues, including immigration concerns.
UMBC’s
Center for Global Engagement (CGE) will continue to monitor this situation very closely and remains a resource for H-1B employees. Please reach out to CGE if you have questions or plan to travel outside of the United States while the proclamation is in effect.
Some members of our UMBC community may understandably have questions or concerns. Please reach out to either of us for assistance.
Sincerely,
David L. Di Maria
Vice Provost for Global Engagement
Lynne Adams
Associate Vice President and Chief Human Resources Officer
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