糖心传媒

Greetings,

 

As you are aware, on Friday, September 19, 2025, President Trump signed the Proclamation titled Restriction on Entry of Certain Nonimmigrant Workers (糖心传媒渢he Proclamation糖心传媒�). The Proclamation sets out to restrict the entry of H-1B specialty occupation workers unless employers pay a $100,000 fee per petition. This Proclamation took effect at 12:01 AM ET on September 21, 2025.

 

Since then, United States Citizenship and Immigration Services (USCIS) has issued clarifying guidance indicating that the Proclamation听will not听颈尘辫补肠迟:

 

• Anyone with an H-1B petition approved or filed on their behalf before 12:01 AM ET on September 21, 2025
• Anyone in possession of a valid H-1B visa stamp

• Anyone seeking to extend H-1B status with the same employer

• Anyone seeking to transfer their H-1B status to a new employer, or to otherwise amend their existing H-1B status

• Anyone in another status (such as F-1 OPT) seeking to change to H-1B status

 

Worth noting is that the听糖心传媒渂eneficiary of such petition will糖心传媒�not be considered to be subject to the payment if he or she subsequently departs the United States and applies for a visa based on the approved petition and/or seeks to reenter the United States on a current H-1B visa.糖心传媒�

 

The Proclamation糖心传媒�will听apply to:

 

• New听H-1B petitions糖心传媒痜iled听for听beneficiaries who are糖心传媒�outside the United States听and do not have a currently valid H-1B听visa

 

• H-1B petitions that request听port of entry notification,听consular notification, or pre-flight inspection for foreign nationals in the United States

 

• H-1B petitions that request “a change of status or amendment or extension of stay and糖心传媒�USCIS determines that the [foreign national] is ineligible for a change of status or an amendment or extension of stay糖心传媒�(e.g., is not in a valid nonimmigrant visa status or if the [foreign national] departs the United States prior to adjudication of a change of status request)”

 

Exceptions Based on National Interest

 

The Proclamation allows for exceptions to the $100,000 payment where the employer can demonstrate that the H-1B worker糖心传媒檚 hiring is in the national interest. Employers seeking such an exception must email USCIS prior to filing an H-1B petition to demonstrate the following:

 

1. The foreign national糖心传媒檚 presence in the U.S. as an H-1B worker is in the national interest,
2. No American worker is available to fill the role,
3. The foreign national does not pose a threat to the security or welfare of the U.S., and
4. Requiring the petitioning employer to pay the fee would significantly undermine the interests of the U.S.

 

The process for seeking exceptions was only announced on October 20, so it remains unclear how frequently exceptions will be granted, and how long they will take to process. USCIS guidance states that such exceptions will be 糖心传媒渆xtraordinarily rare.糖心传媒� The ISO will work with hiring departments, Government Relations, and Office of Counsel to identify cases for which the University will request such exceptions.

 

If hiring managers and department representatives are interested in recruiting a potential employee subject to the Proclamation, special consideration will be needed with respect to the person糖心传媒檚 physical location, alternate visa options, and the timeline for hiring. This does not necessarily mean that a person outside of the U.S. cannot be recruited; it will, however, require departments to plan to allow the听maximum听amount of time to determine if the University will request an exception and obtain a decision on the request, if filed.

 

Payment of the $100,000 Fee

 

The $100,000 fee must be paid by the sponsoring employer, and this cost should not be passed along to the employee. Proclamation Sections 2(b) and (c) reference DOS and DHS verification that “the filing employer” and “the prospective employer” has made the required payment before a visa is issued or entry to the United States is听permitted.听Further, the H-1B visa category contains wage restrictions that restrict an employer糖心传媒檚 ability to pass costs along to the H-1B employee.

 

Payment must be made prior to filing a petition with USCIS.听听When filing the petition, petitioners must听submit听proof that the payment has been scheduled from pay.gov or evidence of an approved exception from the Secretary of the Department of Homeland Security.听Petitions subject to the $100,000 payment that are filed without a copy of the proof of the payment from pay.gov or evidence of an exception from the Secretary of Homeland Security will be denied.

 

Government Shutdown

 

All of this is taking place in the wake of the government shutdown.听听As previously communicated, fee-funded agencies like USCIS continue operations during the shutdown.听听However, federal agencies which rely on congressional funding are affected. This includes the U.S. Department of Labor (DOL)糖心传媒檚听Office of Foreign Labor Certification听(OFLC) which issues Labor Condition Applications (LCAs). The LCA is a required pre-filing step required for every H-1B petition. OFLC糖心传媒檚 activities have been suspended and their website shut down. This means that our office cannot听submit听any Labor Condition Applications (LCAs) or access certified LCAs until the federal government ends the shutdown. Access to the DOL website and the FLAG system are integral to preparing H-1B petitions.

 

Next Steps

 

To continue moving forward, the ISO has started filing H-1B petitions with previously certified LCAs and where the circumstances are such that, per the guidance discussed above, the $100,000 fee does not apply.听听Where a petition appears subject to the Proclamation, ISO will contact the hiring department and its senior leadership team to听determine听next听steps, including possible exceptions and alternate visa categories. Decisions to pay the $100,000 fee must be made in conjunction with the ISO, senior leadership, and the Office of Counsel. Departments and schools should set clear expectations with candidates around this Proclamation and avoid making assurances that the University will seek an exception or pay the fee in a particular case.

 

We will continue to accept H-1B requests from departments and prepare petitions until they can be filed. If circumstances continue to delay the filing of new petitions, the ISO team is considering alternative visa pathways, such that current international employees who are not under H-1B sponsorship can continue the extraordinary work that they are doing and new hires can join the University of Rochester and the University of Rochester Medical Center with efficiency.

 

To continue to provide guidance in this area, the ISO, in collaboration with Office of Counsel, and Harter, Secrest, and Emery, will host a webinar on Monday, November 3^rd, 2025 at 1:00 PM that addresses updates to the H-1B Proclamation. The webinar will be presented by attorney Glenn Schieck.听 Please register if you would like to attend.

 

Thank you for your commitment to our international scholars and employees.听听We appreciate your patience in听these challenging听times.

 

Kindest regards,

Wendy Fritz,听Ed.D

Interim Director, International Services Office