SF Prep Notes

US proclamation requires $100,000 payment for new H-1B petitions; MEA flags humanitarian consequences

US President Donald Trump signed a proclamation on 19 September 2025 restricting entry of H-1B specialty-occupation workers unless their petitions carry a $100,000 payment; India's MEA said on 20 September that the full implications were being studied.

Summary

US President Donald Trump signed a proclamation titled 'Restriction on Entry of Certain Nonimmigrant Workers' on 19 September 2025. The proclamation restricts the entry of H-1B specialty-occupation workers unless their petitions are accompanied or supplemented by a payment of $100,000. It took effect at 12:01 a.m. EDT on 21 September 2025 and expires after 12 months unless extended, with exemptions possible in the national interest. It also directs rulemaking to revise H-1B prevailing wage levels. On 20 September, MEA spokesperson Randhir Jaiswal said the full implications were being studied, including by Indian industry. The MEA said the measure is likely to have humanitarian consequences through disruption for families and hoped US authorities would address them.

Key facts

Proclamation
'Restriction on Entry of Certain Nonimmigrant Workers', signed 19 Sep 2025
Requirement
$100,000 payment with H-1B petitions
Effective
12:01 a.m. EDT, 21 Sep 2025; 12 months unless extended
Exemptions
Possible if in the US national interest (DHS Secretary)
Legal basis
Sections 212(f) and 215(a) of the INA
India's response
MEA (20 Sep): implications being studied; likely humanitarian consequences for families

Practice MCQs 4 questions

Q1

Under the US proclamation of 19 September 2025, what payment must accompany H-1B petitions for the restriction on entry not to apply?

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Correct answer: A — $100,000

The proclamation restricts entry of H-1B specialty-occupation workers except where petitions are accompanied or supplemented by a payment of $100,000.

Q2 Advanced

For how long does the H-1B entry restriction in the US proclamation of September 2025 remain in force, absent extension?

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Correct answer: C — 12 months

The restriction expires 12 months after its effective date of 21 September 2025, unless extended.

Q3 Advanced

Which provisions of the US Immigration and Nationality Act did the H-1B proclamation of 19 September 2025 invoke?

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Correct answer: D — Sections 212(f) and 215(a)

The restriction on entry was imposed pursuant to sections 212(f) and 215(a) of the INA.

Q4 Advanced

Consider the following statements about India's official response to the US H-1B proclamation: 1. The MEA said the measure is likely to have humanitarian consequences by way of disruption caused for families. 2. The MEA said the full implications were being studied by all concerned, including Indian industry. Which of the above is/are correct?

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Correct answer: B — Both 1 and 2

Both are correct: MEA spokesperson Randhir Jaiswal said the implications were being studied, including by Indian industry, and that the measure was likely to have humanitarian consequences for families.

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