Chihuahua, Chih., September 29, 2025

Dear Clients and Friends,

We hereby inform you that on July 19, 2025, the President of the United States of America issued a proclamation restricting the entry of certain nonimmigrant workers, which significantly affected the H-1B visa program.

FIRST. Important Provisions

• Effective date: September 21, 2025, at 12:01 a.m. Eastern Time.
• New application requirement: To enter the United States with H-1B status, it is now necessary to accompany or supplement applications with an additional payment of $100,000.
• Possible application: USCIS (United States Citizenship and Immigration Services) guidelines clarify that the declaration only applies to new H-1B applications filed after September 21, 2025.
• Current Visa Holders: Individuals with already-approved petitions or validly issued H-1B visas are not subject to the new payment requirement. According to USCIS (United States Citizenship and Immigration Services), these individuals may continue to travel and reenter the U.S. under their existing visa terms.
• Dependents (H-4): While the proclamation does not directly address H-4 dependents, we recommend that H-4 visa holders avoid international travel until further guidance is issued.

SECOND. Practical Guidance

• The best strategy depends on each person’s individual situation.
• If you are in the U.S. on H-1B status: Remain in the U.S. to avoid any risk of being denied reentry.
• If you are currently outside the U.S. on H-1B or H-4 status: Attempt to return immediately as CBP (Custom and Border Protection), guidance suggests heightened restrictions may be applied at ports of entry.
• If you plan to file a new H-1B petition: Be prepared for the additional $100,000 fee requirement.

Through our ally “Hall Global” we are closely monitoring updates from the White House, DHS, CBP, and USCIS as this policy continues to develop. We will provide updated guidance as more clarity emerges.

In the meantime, we strongly encourage all H-1B employees and their dependents to avoid unnecessary travel outside of the United States. Employers should also factor in the new cost implications when considering future H-1B petitions.

You can contact either, Rolando Castellanos-Macal at rcastellanos@iclmx.com; Jorge Almanza-Ríos at jalmanza@iclmx.com; and Javier David Rodríguez-Torrecillas at jrodriguez@iclmx.com; for any further information that you might require.