Who pays $100,000 H-1B visa fee, who is exempt? Top 10 FAQs answered as rule kicks in

The Donald Trump administration has clarified that the new $100,000 H-1B visa fee, which came into effect on Sunday, is a one-time charge for new petitions only and does not affect current visa holders, providing relief to thousands of professionals in the US, including many from India.

According to the US Citizenship and Immigration Services (USCIS) statement on Saturday, President Trump’s H-1B visa requirement applies solely to new, prospective petitions that have not yet been filed.(Representational Image)

H-1B petitions submitted before the effective date of September 21 remain unaffected. Visa holders currently outside the US are not required to pay the fee to re-enter the country.

White House press secretary Karoline Leavitt said on X that the $100,000 is not an annual fee but a one-time payment applicable only when filing the petition.

She added, “Those who already hold H-1B visas and are currently outside of the country will not be charged USD 100,000 to re-enter. 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.”

Leavitt further emphasised that the rule applies only to new visas, not renewals or current holders, and will first take effect in the next lottery cycle.

What is the H-1B visa programme?

The H-1B visa is a non-immigrant programme allowing US companies to hire foreign workers in specialised roles, such as IT, engineering, medicine, and science. It is typically issued for three years, extendable to six, and enables workers to legally live and work in the US while employed by the sponsoring company.

What is the new H-1B rule?

Under the new rule, companies petitioning for H-1B visas for workers outside the US must pay a one-time fee of USD 100,000 per petition.

Does the new fee affect current visa holders?

No. Existing H-1B holders, including those currently outside the US, will not be charged the fee to re-enter, as clarified by White House press secretary Karoline Leavitt. The rule applies only to new visa petitions, not renewals or current holders.

Is the $100,000 fee annual?

No. White House press secretary Karoline Leavitt clarified that it is a one-time fee, payable only when the petition is submitted, not annually.

Can current H-1B holders leave and re-enter the US?

Yes. Their ability to travel in and out of the US remains unchanged. The rule affects only new applicants in the next lottery cycle.

Who is exempt from the $100,000 fee?

The Secretary of Homeland Security may exempt cases if hiring a worker is deemed in the national interest and does not threaten US security or welfare.

What documentation must employers keep?

Employers are required to retain proof of payment of the USD 100,000 before filing an H-1B petition.

Who verifies the fee payment?

The Secretary of State will confirm the payment during the visa process, and petitions will only be approved if the fee has been paid.

Will there be changes in priorities or wages?

Yes. High-skilled, high-paid workers will be prioritised over entry-level roles, and the Department of Labor will raise prevailing wage levels to prevent undercutting.

What happens if the rule is ignored and can it be extended?

Petitions without the payment will be rejected, and workers will be denied entry. Federal agencies must advise the President within 30 days of the next lottery on whether to extend the rule, which is currently valid for 12 months from September 21 2025.