Urgent Message for UCSF H-1B Visa Holders

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Update #4: USCIS Clarification on Presidential Proclamation (posted October 21, 2025)

USCIS published important guidance on October 20, 2025, regarding how the Presidential Proclamation of September 19, 2025 applies to H-1B petitions. As previously recommended, ISSO continues to encourage departments to submit H-1B requests.  Below is a summary of our current understanding. As the situation evolves, ISSO will post updates to this policy on this webpage.

  1. H-1B Change of Status Cases

    Individuals currently in the U.S. in active F, J, or another nonimmigrant status who apply for a change of status to H-1B do not appear to be subject to the new fee. These cases involve obtaining H-1B status without international travel. International travel after H-1B approval does not appear to trigger the fee. F/J Grace Period Filings: Based on our current understanding, filing during a grace period remains risky, and ISSO will reach out to department administrators, faculty, and HR partners to assess each situation.

  2. H-1B Portability (transfer) Cases

    USCIS has not outwardly stated it, but portability (transfer) cases for scholars already in the U.S. do not currently appear to be subject to the new fee. ISSO is awaiting further confirmation from USCIS on this point.

  3. H-1B Consular Processing Cases

    Scholars currently outside the U.S. applying for their initial H-1B at a U.S. consulate appear to be subject to the new fee. At this time, higher education institutions do not appear to be exempt from the fee. USCIS indicates it may be possible to request an individual exemption in specific cases. ISSO will assess these cases with departments.

Additional USCIS Clarifications

USCIS has confirmed that a payment process for the Presidential Proclamation fee is now available (currently by ACH only) via Pay.gov and that the fee must be paid before the initial H-1B petition is filed with USCIS.

The policy gives authority to Department of State and USCIS to require consular processing even if UCSF has requested a change of status within the U.S. If consular processing is required, the $100,000 fee will apply.

Next Steps for the ISSO

  • H-1B Change of Status Cases

    ISSO will resume preparing petitions in our queue for scholars who are not in their grace period. Currently, the Foreign Labor Application Gateway (FLAG) system remains offline due to the federal government shutdown, so new Labor Condition Applications (LCAs) cannot be submitted or approved, which is required for H-1B petitions. At this time, ISSO is uncertain of when the government will reopen.

    • For cases where ISSO already has an approved LCA (printed prior to the shutdown), we will proceed with filing the H-1B petition.
    • For cases without an approved LCA, filing will resume once the federal government reopens.

  1. H-1B Consular Processing Cases

    ISSO will contact departments directly regarding potential next steps.

The ISSO will continue to monitor updates from USCIS and the Department of State as guidance evolves. We will share additional information as it becomes available. If you have questions, please contact your H-1B adviser.

We will also continue to work with our sister UC institutions and the University of California Office of the President to continue advocating for our international populations.

Update #3: UCOP FAQ Sheet (posted October 2, 2025)

 

The University of California Office of the President (UCOP) has released a FAQ sheet to help explain the Sept 19 Presidential Proclamation impacting H-1B visas. The FAQ sheet can be accessed online as long as you are logged into UCSF's GlobalProtect VPN.

 

At present, there remain areas of uncertainty, including whether the Proclamation applies to H-1B petitions within the higher education sector. For now, UCSF departments and Academic Personnel/HR should continue submitting H-1B requests as usual. ISSO can still prepare H-1B petitions for submission and will be able to submit petitions much more quickly if we learn that the new fee may not apply to academic institutions. We are hoping to receive additional guidance in the coming weeks. Rest assured that we will contact department administrators in advance of submitting H-1B requests to ensure alignment.

 

Please know that the University of California is carefully reviewing the details of the Proclamation and its potential impact on H-1B visas. UCOP is actively working with policymakers and higher education associations to fully understand what this means for our community. Above all, UCOP remains deeply committed to advocating for policies that support our mission of teaching, research, and public service—work that depends greatly on the vital contributions of our international scholars and employees.

 

Update #2: International Travel (posted September 24, 2025)

Based on updated federal guidance, we believe that if you are currently abroad, you may re-enter the U.S. under the new Proclamation if both conditions apply:

  1. You have a currently approved H-1B petition that was submitted to USCIS prior to 12:01 a.m. Eastern daylight time on September 21, 2025.
  2. You hold a valid H-1B visa.

Caution

ISSO still advises caution with international travel at this time. We are not fully confident that all U.S. ports of entry are prepared to follow updated guidance. We recommend postponing international travel if possible. If international travel cannot be avoided, please review H-1B travel guidance and our News webpage in advance of travel for timely updates. In addition, consult with your UCSF supervisor and your campus HR representative about whether you may work and/or be paid if your U.S. re-entry is delayed.

Resources

Update #1 on H-1B Presidential Proclamation Issued September 20, 2025 (posted September 21, 2025)

On September 20, 2025 in late afternoon, the United States Citizenship and Immigration Service (USCIS) issued public guidance on Friday's Presidential Proclamation restricting entry into the US for H-1b workers. Based on the USCIS' public statement, the Proclamation:

  • Does not apply to any previously issued H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on Sept. 21, 2025.
  • Does not change any payments or fees required to be submitted in connection with H-1B renewals.

Customs and Border Protection (CBP) issued an internal guidance memo but did not publish official guidance for the public. Based on the CBP internal memo, the Proclamation does not apply to:

  • H-1b holders of currently approved applications
  • Petitions submitted prior to 12:01 a.m. eastern daylight time on Sept. 21, 2025.
  • H-1b holders with validly issued H-1b visas.

Finally, White House officials also issued social media statements. The social media statements from White House officials do not align with the text of the Proclamation or USCIS and CBP memos.

Impact

Based on the information we have this morning, we're fairly confident the Proclamation does not apply to H-1b petitions filed prior to 9/21/2025 or to future H-1b extensions, but we are awaiting additional guidance from government agencies.

International Travel and Entry in H-1B Status

ISSO continues to urge caution regarding international travel and entry in H-1b status. The CBP memo is internal and, at this time, no public guidance has been issued. CBP Ports of Entry (POE) may not have received full guidance. We're not fully confident that all POEs are prepared to follow the guidance starting today. We believe POEs may be compliant after a few days, but we recommend postponing international travel if possible.

Visa Issuance

At this time, the Department of State (DOS) has issued a FAQ for guidance. If you have a scheduled interview or need to schedule an interview, we recommend that you attend unless advised otherwise by DOS.

If you're outside the US and unable to enter the U.S., please contact us immediately at [email protected] or contact your adviser directly.

We'll continue to update you of any changes impacting UCSF H-1b holders as it becomes available.

Urgent Message for H-1B Holders (posted 9/20/2025)

On September 19, 2025, President Trump issued a proclamation restricting the entry of anyone seeking to enter or reenter the United States in H-1B status without payment of a new $100,000 fee paid by sponsoring employers per petition. Although the details are not yet clear, it is possible that some individuals may qualify for a National Interest Waiver exempting them from the required payment. The proclamation becomes effective Sunday, September 21, 2025, at 12:01 a.m. Eastern Standard Time and is scheduled to remain in place for one year, unless extended.

The ISSO will continue to update you as new information becomes available. NAFSA (a professional organization focused on international education) shared a brief write-up and will be updating their webpage as more information becomes available as well. If you are outside the US and can’t re-enter due to the proclamation, please email us at [email protected].