Restriction on Entry of Certain Nonimmigrant Workers
This proclamation, issued by the President, imposes a new, unusual gating mechanism on entry of H-1B nonimmigrant workers (specialty occupations). Specifically, it requires that H-1B petitions be accompanied by a $100,000 payment to be eligible for entry. Petitions not accompanied by this payment face restricted processing or denial for a 12-month period after the proclamation’s effective date. The measure is framed as a response to abuses of the H-1B program, especially in the IT sector, with the goal of protecting American workers’ wages and national security, while still allowing “the best of the best” foreign workers where appropriate. The proclamation also directs rulemaking to raise prevailing wage levels and to prioritize high-skilled, high-paid admissions, and it includes compliance and implementation steps involving the Departments of Homeland Security and State. It includes a built-in sunset (expiration) after 12 months unless renewed, and a pathway for possible extensions after a formal review. In short, the proclamation tightens H-1B entry by imposing a sizable payment condition, increases wage-focused oversight, and introduces a 12-month testing period to assess whether renewal or extension of the restrictions is warranted.
Key Points
- 1Restriction on H-1B entry: H-1B petitions for nonimmigrants to perform specialty occupations must be accompanied by a $100,000 payment to be eligible for entry; the restriction expires 12 months after the effective date unless extended.
- 2Compliance and denial process: Employers must retain documentation of the required payment; the Secretary of State will verify receipt and approve only petitions with the payment; DHS and State will coordinate to deny entry for those without the payment.
- 3Exceptions for national interest: The restriction does not apply if the Secretary of Homeland Security determines that hiring the alien is in the national interest and does not threaten U.S. security or welfare.
- 4Scope and sunset: Applies only to arrivals after the effective date; a joint interagency recommendation on extension/renewal must be provided within 30 days after the next H-1B lottery; implementation subject to law and appropriations.
- 5Wage policy and admissions priorities: The Secretary of Labor will initiate rulemaking to revise prevailing wage levels, and the Secretary of Homeland Security will prioritize admission of high-skilled, high-paid aliens, aligning with INA provisions related to skilled immigration.