United States | Summary of immigration policy developments Sept. 19-21

On Sept. 19, 2025, President Trump signed a proclamation and executive order (EO) impacting the H-1B visa program and establishing a new “Gold Card” visa program, respectively. The Department of Labor also launched “Project Firewall.”

Following are key takeaways from the proclamation, EO and related developments that occurred Sept. 19-21:

H-1B proclamation

On the evening of Sept. 19, the White House issued a proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.” The proclamation provides that “the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA, 8 U.S.C. 1101(a)(15)(H)(i)(b), is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000 — subject to the exceptions set forth in subsection (c) of this section.” A fact sheet is available here.

On Sept. 20, U.S. Citizenship and Immigration Services issued a memo providing guidance on the proclamation. The memo provides, “This proclamation only applies prospectively to petitions that have not yet been filed.” It also provides, “The proclamation does not apply to aliens who: are the beneficiaries of petitions that were filed prior to the effective date of the proclamation, are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B non-immigrant visas.” U.S. Customs and Border Protection also issued a memo. Of note, the CBP memo provides that “CBP will continue to process current H-1B visa holders in accordance with all existing policies and procedures.”

On Sept 21, the White House issued an H-1B FAQ, which USCIS and the Department of State also posted online.

The proclamation also requires the Secretary of Labor to “initiate a rulemaking to revise prevailing wage levels” and the Secretary of Homeland Security to “initiate a rulemaking to prioritize the admission as nonimmigrants of high-skilled, high-paid aliens.”

DOL launches “Project Firewall”

On Sept. 19, the Department of Labor announced the launch of “Project Firewall” to “maximize H-1B program compliance” and “safeguard the rights, wages and job opportunities of highly skilled American workers.” The initiative will involve “Secretary-certified investigations” in addition to other H-1B–related investigations. The announcement states, “Violations may result in the collection of back wages owed to affected workers, the assessment of civil money penalties, and/or debarment from future use of the H-1B program for a prescribed period of time.”

Trump Gold Card visa program

On Sept. 19, the White House issued an EO titled “The Gold Card” creating a “visa program overseen by the Secretary of Commerce that will facilitate the entry of aliens who have demonstrated their ability and desire to advance the interests of the United States by voluntarily providing a significant financial gift to the Nation.”

Eligibility for the “expedited process” requires individuals to donate an amount of $1 million on his or her own behalf, and corporations or similar entities donating on behalf of an individual can gift $2 million. Gifts are to be made to the Department of Commerce. The Secretary of Commerce, Secretary of State and Secretary of Homeland Security have 90 days from the EO date to implement the Gold Card program.

The EO provides, “In adjudicating visa applications, the Secretary of State and the Secretary of Homeland Security shall, consistent with applicable law, treat the gift specified in subsection (a) of this section as evidence of eligibility under 8 U.S.C. 1153(b)(1)(A), of exceptional business ability and national benefit under 8 U.S.C. 1153(b)(2)(A), and of eligibility for a national-interest waiver under 8 U.S.C. 1153(b)(2)(B).”

Learn how BAL’s Gold Card practice group can help you submit a qualified application for the Trump Gold Card.

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Additional Information: BAL is closely monitoring the above developments and will provide essential updates to the public and real-time briefing calls, Q&A, newsletters and more with insights and guidance from our Government Strategies team to members of

This alert has been provided by the BAL U.S. Practice Group.

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