The September Aspenite: What Employers Need to Know About H-1B Visa Changes

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Aspen Highlights & Updates

Aspen HR Reinforces Its Role as a Strategic Partner at Key Private Equity Events This Fall – We are proud to be a part of the crucial discussions shaping the market and actively contribute to the dialogue that empowers firms to achieve their strategic goals. Find us at:

  • Eminae Business Acquisition Symposium | September 25 in New York
  • iGlobal Forum‘s 19th Independent Sponsors Summit | September 29-30 in New York
  • iGlobal Forum’s Value Creation Summit | October 1 in New York
  • HFC Help for Children New York | Co-Hope Autumn Invitational | October 8, 2025 in New York
  • McGuireWoods Independent Sponsor Conference | October 14-15 in Dallas
  • Stormbreaker Ventures Annual Meeting | October 16 in Scottsdale, AZ
  • Texes Entrepreneurship Through Acquisition Conference | October 17 in Houston
  • Inc. 5000 Conference & Gala | October 22-24 in Phoenix
  • GSM SEM Consortium | October 27-29 in New York

Thought Leadership

How Modern SMBs Are Winning in the New PEO Landscape – The PEO industry is undergoing a transformation. Once seen primarily as a solution for payroll and benefits, exceptional PEOs are now playing a broader role in helping small and medium-sized businesses (SMBs) navigate the complexities of modern HR. Keep reading…

It’s Back-to-School Season: How to Support the Working Parents in Your Workforce – As summer comes to a close, your employees with school-age children are reshaping their routines to meet the demands of a new school year. This time of year is an ideal moment to strengthen your support for working parents with thoughtful HR programs and initiatives. Keep reading…

New Aspenites

Please join us in welcoming two new Aspenites to our growing team!

  • Kathy Garcia, Senior Manager, Benefit Services & Consulting
  • Felicity Smotherman, Client Integration Consultant

Compliance Update

Presidential Proclamation Restricting Entry of Certain H-1B Workers – On September 19, 2025, the White House issued a Presidential Proclamation restricting the entry of certain H-1B nonimmigrant workers. The Proclamation imposes a $100,000 payment requirement on employers filing new petitions for H-1B workers located outside of the United States in the upcoming lottery cycle.

Key Highlights:

  • Effective Date: The restrictions took effect beginning September 21, 2025.
  • Scope:
    • Applies only to new H-1B visa petitions for workers outside the U.S., filed on or after September 21, 2025.
    • Does not apply to renewals, extensions, or current H-1B visa holders.
    • Existing H-1B visa holders may continue to travel and re-enter the U.S. without being subjected to the new
      payment requirement.
  • Duration: The restrictions are set to remain in place for 12 months unless extended.
  • Exceptions: Waivers may be granted where DHS determines entry is in the national interest and does not pose
    a security or welfare risk.

Compliance Considerations:

  • Employers planning to sponsor new H-1B workers abroad should be aware of the potential $100,000 per petition requirement and the significant cost implications. More than ever, you should work with a local immigration attorney whom Aspen can refer you to.
  • Current H-1B employees and renewals are not affected by the Proclamation.

Legal Landscape: This is an evolving situation. Legal challenges are expected, particularly regarding the President’s authority to impose a monetary condition not expressly authorized by Congress. Courts may enjoin (temporarily block) the rule while litigation proceeds. However, employers should prepare as if this will remain in effect.

Next Steps:

  • Monitor hiring strategies and workforce planning if your organization relies on H-1B workers.
  • Work with immigration counsel for case-specific guidance.
  • We will continue to monitor developments closely and provide updates as new information becomes available.

The Proclamation from the White House on the travel restrictions can be found here [whitehouse.gov].

 

Have questions? Don’t hesitate to contact our team.


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