Implementation of Restrictions on H-1B visa Entry and Wage Level Review
This document outlines a proclamation establishing restrictions on the entry of certain H-1B nonimmigrant workers and initiating a review of prevailing wage levels for such visas. The stated goal is to protect American workers.
Compliance and Payment Verification: Employers seeking to file an H-1B petition for an alien currently located outside the United States are required to demonstrate proof of payment, as detailed in Section 1 of the proclamation (the specific amount of which is not detailed in this excerpt).The Department of State will verify this payment during the H-1B visa petition process, approving petitions only from employers who have complied with the payment requirement. Both the Department of Homeland Security and the Department of State will collaborate to deny entry to any H-1B applicant whose prospective employer has not fulfilled this payment obligation.
Scope of Restriction: The entry restriction applies to individuals attempting to enter the United States after the effective date of the proclamation, as specified in Section 1(a) (the effective date itself is not included in this excerpt).
Review and Potential Extension: Within 30 days following the completion of the next H-1B lottery, the Secretary of State, Attorney General, Secretary of Labor, and Secretary of Homeland Security will jointly submit a suggestion to the President. This recommendation will assess whether extending or renewing the entry restriction is in the best interests of the United states.
Wage Level and Admission prioritization: The Secretary of Labor is tasked with initiating a rulemaking process to revise prevailing wage levels, aligning them with the policy objectives of the proclamation and referencing Section 212(n) of the Immigration and Nationality Act (INA). Concurrently, the Secretary of Homeland Security will begin a rulemaking process to prioritize the admission of high-skilled and highly-compensated alien nonimmigrants, referencing Sections 101, 212, and 214 of the INA.
general Provisions: The proclamation clarifies that it does not infringe upon the existing authority of executive departments or agencies, nor does it affect the budgetary functions of the Office of Management and Budget.Implementation is contingent upon legal compliance and the availability of funding. Crucially,the proclamation explicitly states it does not create any legally enforceable rights or benefits for any party against the united States.
This proclamation was signed on September 19, 2025, marking the two hundred and fiftieth anniversary of the Independence of the United States.
Signed,
Donald J. Trump.
