Executive Order Related to H-1B Nonimmigrants Issued

Note: This news item was originally posted Sept. 20, 2025; it was updated with additional information and reposted Sept. 22, 2025 and again on Oct. 21, 2025.

President Donald Trump signed an executive order Sept.19, which places a "restriction on entry" of certain (H-1B) nonimmigrant workers and a new $100,000 fee. The executive order went into effect at 12:01 a.m.,  Sept. 21, 2025, and will remain in effect through Sept. 21, 2026, unless extended or changed. 

U.S. Citizenship and Immigration Services (USCIS) and U.S. Customs and Border Protection (CBP) issued memoranda clarifying the executive order Sept. 20, and the U.S. State Department posted an H-1B FAQ Sept. 21. A summary and key points of the order and all current guidance can be found on the NAFSA website.

On Oct. 20, USCIS posted additional guidance on their H-1B Specialty Occupation website, clarifying several points. Based on the collective guidance, this new order applies to:

• Petitions filed for beneficiaries who are outside the United States and do not have a valid H-1B visa, and
• Petitions filed after Sept. 21, 2025, which request consular notification, port of entry notification or pre-flight inspection for individuals seeking to enter the United States in H-1B status.

The order does not apply to the following:

• Petitions for individuals who are in the United States or those outside the United States who have an approved or pending H-1B petition filed before Sept. 21, 2025, and
• New H-1B applications for extension, amendment or change of employer/change of status; however, if the petition or change of status is denied, the application would be subject to the fee. 

The Secretary of Homeland Security may grant exemptions of the fee under certain circumstances, but USCIS notes the high threshold that would have to be met to obtain a national interest exemption.

The order is being challenged in court, but we do not know the timing of those processes. In the meantime, the Office of International Education recommends that individuals currently in the United States on an H-1B visa are advised to consider travel carefully, especially if a new visa is needed. While the new guidance minimizes travel risks for individuals who currently hold H-1B status and a valid H-1B visa, there may be ongoing confusion about the order for those who need a new visa as visa application processing can be challenging due to other policy changes. Guidance may continue to evolve, so consultation with an OIE advisor is recommended. 

The OIE website will be updated as more information becomes available. Our team is available to support those who may be impacted. CMU H-1B employees are encouraged to reach out to OIE if you have travel plans, questions or concerns.