no-us-entry-for-h1b-staff-without-100k-fee-from-sunday

H-1B employees, including current visa holders, will be denied entry to the United States beginning Sunday unless their employer has paid an annual fee of USD 100,000 (over Rs 88 lakh) for each worker, under a new proclamation signed by President Donald Trump.

 

The proclamation, issued on Friday (local time), states that the requirement applies to all H-1B employees, including those holding valid visas. The rule takes effect at 12:01 am EDT (9:30 am IST) on September 21. New H-1B visas and extensions will not be processed unless the USD 100,000 fee is paid. The fee will then be required annually to maintain the visa, the document said.

 

According to the proclamation, the Department of Homeland Security may grant exceptions to the ban on a case-by-case basis if it determines that employing H-1B workers serves the national interest and does not threaten US security or welfare.

 

The restrictions will remain valid for 12 months but could be extended further on the recommendation of federal immigration agencies. If extended, the ban would apply to foreign nationals with a FY 2027 H-1B cap petition approval.

 

The Trump administration has defended the fee as a measure to curb what it called “systemic abuse” of the H-1B programme. The annual cost marks a dramatic rise from the earlier administrative fees of USD 1,500 per visa.

 

Also Read : Trump orders $100,000 annual fee for H1B visa applicants

 

Big Tech firms, which rely heavily on foreign skilled workers, have warned employees to remain in the US or return immediately to avoid being stranded.

 

The United States Citizenship and Immigration Services (USCIS) reported that Indians accounted for 72 per cent of nearly 400,000 H-1B visas issued between October 2022 and September 2023.

 

US Commerce Secretary Howard Lutnick said the visa would cost USD 100,000 annually for each of the three years of its duration, though he noted that details were “still being considered”.

 

New York-based immigration attorney Cyrus Mehta said many H-1B holders outside the US may already have missed the deadline.

 

“H-1B visa holders who are out of the US on business or vacation will get stranded unless they get in before midnight September 21. H-1Bs still in India may have already missed the deadline as there is no way a direct flight from India will get in time,” Mehta wrote on X.