Still confused about H-1B visa $100,000 rule? Key questions answered
H-1B visa fee announced by Donald Trump-led US administration late last week caused panic and fear among Indian professionals who make up over 70 per cent of H-1B visa holders. On Friday, the Trump administration announced a staggering $100,000 annual fee on H-1B visa petitions as he said the existing system was being “abused” and posed a “national security threat”.
US President’s announcement to impose fees on visa petitions caused panic among the Indian professionals there (AFP)
Following the announcement, tech companies such as Amazon and Microsoft, asked their workers to return to the US before the order was implemented and stay in the US “till foreseeable future”.
The developments also caused confusion as people sought clarity on the status of the existing H-1B visas. The new visa fees of $100,000 announced by Trump is more than the median annual salary of a fresh H-1B visa holder and more than 80 per cent of the average annual salary of all H-1B visa holders.
Key questions on $100,000 H-1B visa rule answered:
Do all H-1B visa-holders need to pay the $100,000 fee?
No, foreign professionals in the US who already have H1B visas need not pay the $100,000 fee. White House spokesperson Karoline Leavitt clarified that the rule doesn’t apply to H-1B visa holders currently outside the US. They can re-enter the US without any fee.
The US Citizenship and Immigration Services (USCIS) also issued a document later that stated the new proclamation only applies prospectively to petitions that have not yet been filed.
Is $100,000 an annual fee for H-1B visa?
White House spokesperson Karoline Leavitt clarified that the $100,000 charge for H-1B visa is not an annual fee. It’s a one-time fee that applies only to the petition, she said in a post on X.
Does $100,000 H-1B visa fee apply to renewals?
The $100,000 H-1B visa fee applies only to new visas, not renewals, and not current visa holders, White House spokesperson Karoline Leavitt said in her post on X.
Who all does the new rule apply to?
Foreign workers who apply for the H-1B visa after September 21, 2025 come under the ambit of the new rule. The new fee only applies in the next H-1B lottery round and not to current visa holders or renewals.
Who pays H-1B visa fee?
The visa petition fee is to be paid by the companies who want to secure the H-1B visa for their employees.
Why dis companies call their employees back?
Immediately after the first announcement over the H-1B visa fee on Friday, big companies such as Microsoft JPMorgan (JPM.N) and Amazon advised their employees with H-1B visas to remain in the United States or return before the September 21 deadline if they weren’t.
The companies issued advisory as their was little clarity over who falls under the ambit of the new $100,000 H-1B visa rule.
As mentioned above in the report, the new H-1B visa fee does not apply to existing holders or those seeking renewal.
Who is exempt from $100,000 H-1B visa fee?
As per the USCIS, the proclamation does not apply to:
-those 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.
A section of the proclamation lists another exception to the new H-1B visa restrictions and $100,000 fee requirement. It allows the Secretary of Homeland Security to exempt certain individuals, companies, or entire industries from the rule if it is determined to be in the national interest and does not pose a threat to US security or welfare.
