The Department of Homeland Security has stated that there has been no change to entry requirements for current H-1B visa holders. If you hold an H-1B or H-4 visa and currently are seeking to reenter the United States, we recommend that you carry a printed copy of this Customs and Border Protection memorandum, as well as printed contact information for an attorney and emergency contact.
Last Friday, President Trump issued a proclamation under INA 212(f), announcing that his administration would demand a new $100,000 shakedown starting 9:01 pm PDT Saturday for any new H-1B petitions for workers currently abroad.
Each year, hundreds of thousands of teachers, nurses, engineers, researchers, and other workers serve American communities on H-1B visas. This policy demonizes H-1B workers, predominantly Asian immigrants, who like all immigrant families are valuable members and contributors to our communities. Make no mistake: this is racism disguised as economic policy. Rather than committing to true workforce and economic development, the Trump administration has slashed education and research funding—investments that would genuinely strengthen American competitiveness.
Already the manufacturing, construction, agriculture, and hospitality industries have suffered setbacks because of President Trump’s mass deportation agenda. Once again, the President’s rash policy changes bring unnecessary chaos and lingering uncertainty. Despite the policy only affecting new petitions for workers abroad, the ambiguities in the proclamation led major employers to advise all H-1B workers to return to the country on less than 24-hours notice. Implementing agencies provided shoddy guidance and piecemeal clarification communicated initially only through screenshots on X. From experience with past discriminatory proclamations, we have concerns about how frontline CBP agents at America’s ports of entry will understand and apply this policy.
Regardless of immigration status, all workers deserve fair treatment and protection from discriminatory policies that strain workers, lower their paychecks, and weaken America’s economic future. This proclamation is the latest attack on immigrant workers by race and nationality. We know first-hand how travel bans exclude and harm entire populations from Asia, the Middle East, Africa, and the Caribbean. Whether through the termination of temporary protected status for whole communities, workplace raids targeting Latino farmworkers, the arrest and detention of Korean and Venezuelan workers at Georgia plants, or Filipino workers on cruise ships, the Trump administration targets workers based on where they're from and what they look like.
This administration is undermining American progress by deliberately grinding our immigration system to a halt. The H-1B program has long served as an important stopgap for Indian and Chinese visa applicants forced to otherwise wait decades on already-approved green card petitions. Instead of creating pathways to permanent residency, this policy simply makes it impossible for all but the wealthiest employers to participate. It hangs discretionary waivers over businesses and effectively creates a pay-to-play system that defeats the program's purpose.
We deserve better. The Asian Law Caucus is committed to fighting for the fair treatment of all workers, regardless of origin; for due process and impartial administration of the law; and for a country that recognizes that we are all better off when we embrace those who join our communities from around the world.