Major clarifications were provided over the weekend on the H-1B Proclamation by Mr. Edlow, USCIS Director.

The guidance applies to H-1B petitions filed after September 21, 2025.

The guidance only applies prospectively to petitions that have not yet been filed.

It does not apply to:

Beneficiaries of petitions that were filed before the effective date of the proclamation.

Beneficiaries of currently approved petitions.

Beneficiaries in possession of valid H-1B visas.

The proclamation does not impact the ability of current visa holders to travel to or from the U.S.

Individuals and companies may receive an exemption from the $100,000 fees if they can articulate a reason for a National Interest Exemption. The procedure and criteria for qualification are at this point unclear.

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