The White House has clarified that the USD 100,000 fee (over Rs 88 lakh) for H-1B visa applications, hiked by President Donald Trump, will be applicable only to new applicants, excluding petitions filed before September 21. Trump's move to overhaul the H1-B programme had caused uncertainty and panic among foreign workers, particularly Indians, who make up the majority of the H1-B holders.
In a tweet, White House Press Secretary Karoline Leavitt clarified that those who already hold H-1B visas and are currently outside the US right now won't be charged USD 100,000 to re-enter.
"This is NOT an annual fee. It’s a one-time fee that applies only to the petition. H-1B visa holders can leave and re-enter the country to the same extent as they normally would; whatever ability they have to do that is not impacted by yesterday’s proclamation," she wrote.
"This applies only to new visas, not renewals, and not current visa holders. It will first apply in the next upcoming lottery cycle," she said.
The clarification came after Trump signed a sweeping order titled “Restriction on Entry of Certain Non-immigrant Workers,” which imposes a steep new cost on H-1B applications. The fee will apply only to fresh petitions filed on or after 12:01 am on Sunday, and not to those already holding the visa.
Trump's Move Sparks Panic Among H1-B Holders
The announcement had sparked alarm, with immigration attorneys and tech companies warning that H-1B workers currently abroad risked being stranded if they failed to return before the deadline. Many feared the USD 100,000 fee would apply to re-entry as well.
However, an official stressed that was not the case. “Current holders are safe. The new fee structure will first apply to the upcoming H-1B lottery cycle for new applicants, and not to current visa holders or to renewals,” the official said.
“The H-1B fee is likely to face legal challenges. But if it survives, companies that hire skilled international workers would have to pay $100,000 each year for any employee working on the visa, for up to six years,” the official was quoted as saying by international news media.
The US Citizenship and Immigration Services (USCIS) has also clarified that the $100,000 fee for H-1B visa applications will be applicable only to new applicants, excluding petitions filed before September 21.
USCIS Director Joseph B Edlow said in a memorandum, "This proclamation only applies prospectively to petitions that have not yet been filed. 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."
The H-1B visa programme, which requires at least a bachelor’s degree, was designed to fill high-skilled jobs that US companies struggle to staff domestically. But critics argue it has become a pipeline for cheaper foreign labour, with some workers earning around USD 60,000 a year – far below the six-figure salaries many US tech employees receive.
Traditionally, H-1B slots are distributed through a lottery. This year, Amazon led the list with more than 10,000 visas, followed by Tata Consultancy Services, Microsoft, Apple and Google. California remains the top state for H-1B employment. The H-1B visas are valid for three years and can be renewed for another three years.
Many Indians in the US on H-1B visas scrapped travel plans to India within hours of Trump's order.
Some cancelled flights at the last minute, even while waiting at departure gates, while others already in India are rushing to return amid confusion, just weeks before Indian professionals and their families typically travel home for Diwali and year-end holidays.
H-1B holders and their families described the mood as one of "a crazy sense of panic" and "worry", as several said on condition of anonymity.
How India Reacted?
Indian IT industry body Nasscom warned that the executive order imposing a USD 100,000 fee on H-1B visa applications could disrupt the global operations of technology services firms that send skilled workers to the US.
The Ministry of External Affairs (MEA) on Saturday said it was closely studying the sweeping changes to the US H-1B visa programme, including the steep new USD 100,000 annual application fee, warning that the move could cause humanitarian disruptions for families.
“The government has seen reports related to the proposed restrictions on the US H-1B visa programme. The full implications of the measure are being studied by all concerned, including by Indian industry, which has already put out an initial analysis clarifying some perceptions related to the H-1B programme,” the ministry said.
The ministry cautioned that the measure was likely to have consequences beyond boardrooms. "The full implications are being studied by all concerned, including the Indian industry, and the measure is likely to have humanitarian consequences by way of the disruption caused for families," it said.
Also Read: Big Tech urges H-1B holders to return before Sunday
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