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What the proclamation actually said — and why it caused so much panic
The proclamation did two things. The first was the introduction of a 'gold card' program — a pathway to a green card priced at $1 million to $2 million. That got relatively little attention. The second thing is what created the crisis: a proposed $100,000 supplemental fee for individuals seeking H1B status, with language suggesting it would apply starting at 12:01 a.m. Eastern on September 21st — essentially overnight. What nobody clarified was who exactly it applied to. New applicants? People already outside the country renewing their visa? Current holders trying to re-enter? That ambiguity, combined with a live-stream where officials gave answers that contradicted the written proclamation, is what sent everyone into panic.
The three clarifications from the press secretary — and what they actually mean
The US press secretary released a statement on X (formerly Twitter) that clarified three main points — and I'd call it three and a half, because the last sentence was the most significant.
1. It is a one-time fee, not annual
The $100,000 is not something you pay every year. It applies once, to a specific petition.
2. Current H1B holders outside the country are not affected for re-entry
If you already hold an H1B visa and you are currently outside the United States, you can re-enter to the same extent you normally would. That travel ability is not impacted by this proclamation.
3. It applies only to new visas — and only starting from the next lottery cycle
This is the part I find most significant as a practitioner. The statement says the fee applies to new visas, not renewals, not current visa holders. And the last line says it will first apply in the next upcoming lottery cycle — meaning, practically speaking, this should not kick in until around March 2026. That does provide some relief. But it also raises more questions than it answers, because the written proclamation and this verbal statement read very differently from each other.
The USCIS policy guidance — the clearest document so far
During the Q&A, USCIS published actual policy guidance, and I want to highlight this because it is the strongest and most concrete document we have seen so far. It states clearly that the proclamation does not apply to three groups of people: those who are beneficiaries of petitions filed before the effective date of the proclamation (before September 21st midnight), those who are beneficiaries of currently approved petitions, and those who are in possession of a validly issued H1B non-immigrant visa. If you fall into any of those three categories, this proclamation — as it stands right now — does not apply to you. That is a meaningful breath of relief. That said, I always advise caution, because the landscape is changing in real time and 'as it stands right now' is doing a lot of work in that sentence.
Where do you stand? A category-by-category breakdown
Approved petition (I-797) but not yet stamped
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Book a Mock InterviewThis is the most technically uncertain category. The press secretary's statement refers to 'current visa holders' — but here is the legal distinction that matters: a visa is the entry document stamped in your passport. An approved I-797 gives you H1B status inside the United States, but it is not technically a visa. So if you have an approved petition but no stamp in your passport, it is genuinely unclear whether the press secretary's language covers you. My conservative advice: do not go for stamping right now. Stay in the United States if you can. Wait until we have clear guidance on what 'current visa holder' officially means in this context.
Extensions and renewals
This one is actually fairly straightforward based on the language of the proclamation. The proclamation is a restriction on entry — it is about what happens when you try to cross the border into the United States. If you are physically inside the country and you file to extend your status, or you change employers domestically, that domestic filing process does not appear to trigger this $100,000 concept at all. Extensions and renewals are not being impacted. Travel is what is being impacted.
2025 lottery selections that are still pending
The answer here depends on how you filed. If you filed as a change of status — for example, you were on OPT and changed into H1B status — you are inside the country and you should be okay. I would still advise against travel until there is more clarity. If you filed as consular processing, the situation is trickier, because it is still not clear whether an approved I-797 without a visa stamp counts as 'currently approved' in the way USCIS and the press secretary are using that term. My most comfortable interpretation is this: if you already have a visa stamp in your passport, you are clearly a current visa holder. If you do not, there is still genuine ambiguity.
H4 dependent visa holders
The proclamation does not directly mention dependents. But I want to be practical about this, because clarity on paper does not always translate to clarity at the port of entry. Think back to the travel bans under the first Trump administration — there was mass confusion at airports about who could enter and who could not, even for green card holders who were technically exempt. I can easily picture an H4 holder trying to re-enter the US and encountering an officer who is unsure whether they need to verify whether the primary H1B spouse has paid $100,000. My advice for H4 holders mirrors what I tell H1B holders: being inside the United States is a more defensible position than being outside of it. If you can return sooner rather than later, do it.
Cap-exempt H1Bs (universities, non-profits, research organisations)
Cap-exempt H1Bs are still H1Bs. Being exempt from the lottery does not mean being exempt from this proclamation. The proclamation cites the same regulations that govern cap-exempt filings. Until the Secretary of Homeland Security designates specific exemptions, this proclamation applies to everyone on an H1B — including cap-exempt holders.
What about healthcare workers, academics, and researchers?
The proclamation does include a carveout — specifically, section 1(c) states that the Secretary of Homeland Security can designate exceptions based on industry, company, or individual circumstances, as long as it does not impact national security. So an exemption for healthcare workers, researchers, academics, and Conrad 30 waiver physicians is possible. But it has not been designated yet. The best parallel I can draw from my own experience is the National Interest Exceptions during COVID — where only people in critical sectors could travel into the United States and obtain a visa. Something functionally similar could emerge here for healthcare and research. But as of right now, that has not happened, and if you are in one of these fields, you are still impacted.
What could happen next — legally and practically
The immigration legal community is actively discussing a potential class action lawsuit to seek a temporary restraining order. We saw this pattern play out with the birthright citizenship proclamation — repeatedly challenged in court, temporarily stayed, extended. I expect the same could happen here. The legal argument is straightforward: a change this significant is supposed to go through formal rulemaking. That means a published proposal, a public comment period, and a documented government rationale. Doing it via executive proclamation overnight bypasses that process, and that is exactly the kind of argument courts have been receptive to. Beyond litigation, I expect more clarifications — additional press secretary statements, formal press conferences, and guidance from both USCIS and the Department of State. We may also start seeing which industries or companies get explicitly exempted. In the meantime, the clearest practical guidance I can give you is: if you are inside the United States, stay inside the United States. Do not travel unless you absolutely must.
The bigger lesson: do not rely on a single visa category
Even if this proclamation does not target the L1, the O1, or other categories right now, what we saw over a single weekend is that a visa category that has existed for decades and been relatively stable can face a level of disruption that felt, to use my own word, seismic — overnight. You need to treat your immigration strategy like a stovetop. You want as many pots going as possible. If you are on STEM OPT waiting for the H1B lottery, look into whether a J1 specialist or J1 research scholar program could allow you to continue working in the United States. If you are an employer-sponsored worker, talk to your attorney about whether there are parallel pathways worth building. Do not restrict yourself to planning around one visa category and assume it will always be there. The events of this weekend are a clear reminder that it may not be.
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