$100,000 not annual fee for H-1B visa, will apply only to new applications: US

The $100,000 H-1B visa application fee will not be an annual fee and will apply only to new applications in the upcoming visa lottery cycle, the White House and US immigration agencies clarified on Sunday amid widespread confusion. Washington also clarified that H-1B visa holders will be free to leave and re-enter the country freely and would not be charged $100,000 to enter the United States.

Trump’s presidential proclamation, issued on Friday, sparked panic among H-1B visa holders.(HT PHOTO)

The clarifications came even as many H-1B visa holders, including from India, were asked to return to the United States by companies like Microsoft and Amazon before the new H-1B visa order took effect on September 21. Immigration lawyers told HT that Trump’s presidential proclamation, issued on Friday, sparked panic among H-1B visa holders.

“The fear and confusion comes from the fact that the Proclamation does not list any other exceptions besides “national interest”. Based on a strict reading of the language in the Proclamation, this restriction to entry applies to everyone trying to enter the US on an H-1B visa after the effective date (12:01 am Eastern Time on September 21, 2025),” says Henry Lindpere, senior counsel for immigration at Manifest Law. Lindpere adds that the safest recommendation was for individuals outside the US to return to the country immediately.

It was only later on Saturday that a clarification came from White House officials, that H-1B visa holders would not have to rush back to the United States, by which time many had already made their way back.

The White House’s other clarifications also contradicted earlier statements made by US commerce secretary Howard Lutnick. On Friday, Lutnick told reporters that the $100,000 payment for an H-1B visa would have to be paid annually and would apply to visa renewals as well. Both of these details were corrected by the clarifications issued by the White House, US Citizenship and Immigration Services and the Customs and Border Protection agency.

The new visa rules will be reviewed within 30 days of the next H-1B visa lottery. However, they are widely expected to face a legal challenge in the coming weeks.

“But how long-lasting the Proclamation will prove to be will only become clear over time. There are almost certainly lawsuits being prepared for already, and the legality of the Proclamation will be challenged in federal court very soon,” Lindpere told HT.

The visa rules are intended to make it less economical for US companies to hire foreign workers, who have used the H-1B visa pathway to work in America since 1990. The visas are granted for a period of three years and can be renewed for a period of another three years. By law, the number of H-1B visas granted every year is capped at 65,000, with an additional 20,000 visas granted to those with advanced degrees. Over 70% of approved H-1B visas go to professionals from India, who will be disproportionately affected by the new visa hike. Indian companies like Infosys and Tata Consultancy Services are among the top 10 sponsors of H-1B visas.