Immigration Attorneys, Companies Tell H-1B Visa Holders To Return To US Immediately Or Risk Getting Stranded

Immigration attorneys and U.S.-based companies are warning H-1B visa holders currently abroad to return to the United States immediately, following a sweeping new proclamation signed by former President Donald Trump that could leave many stranded outside the country.

The executive order, signed Friday, imposes a mandatory $100,000 fee on H-1B visa petitions and effectively blocks entry to the U.S. for non-immigrants working in “specialty occupations” unless their paperwork includes proof of payment. The measure will take effect at 12:01 a.m. on September 21, 2025.

The development is expected to impact tens of thousands of Indian professionals employed in the U.S. under the H-1B program. In response, tech firms and immigration lawyers are advising H-1B holders and their families who are overseas to return to the U.S. immediately, warning that delays could result in denied reentry and prolonged separation from their jobs and families, PTI reported. 

“Anyone on an H-1B visa currently outside the U.S. must get back before midnight on September 21 or risk being stranded,” said Cyrus Mehta, a prominent immigration attorney based in New York, in a post on X. “Those currently in India may have already missed the window, as most direct flights would not arrive in time,” he added. 

Mehta noted there may still be limited travel options for some, such as arriving via West Coast ports of entry like California before the deadline.

Internal communications from major tech companies are also surfacing. A widely circulated email from Microsoft reportedly advised its employees on H-1B visas, along with their dependents , to remain in the U.S. “for the foreseeable future” to avoid complications at the border. The message urged those currently abroad to return immediately, PTI reported. 

While the proclamation does not explicitly mention H-4 visa holders (typically spouses and children of H-1B workers), companies are still advising dependents to avoid international travel as a precaution.

Immigration experts and advocacy groups have condemned the policy, calling it discriminatory and damaging to the U.S. economy.

David Bier, Director of Immigration Studies at the Cato Institute, criticised the move, highlighting the immense contributions of Indian H-1B workers to the American workforce and tax base.

“Indian H-1B workers have contributed hundreds of billions in taxes, fees, and services to this country,” Bier wrote on X. “They are among the most peaceful, intelligent, and hard-working individuals we’ve welcomed and yet they face ongoing discrimination based solely on birthplace.”

He emphasised the systemic hurdles Indian professionals face in the legal immigration process, including long wait times for permanent residency, costly legal fees, and rigid job restrictions. “This population, one of the most law-abiding and productive in U.S. history, is now being painted as a threat,” Bier added.

The new policy is expected to face legal challenges, but in the short term, employers and visa holders are scrambling to adjust plans and avoid disruptions.

With PTI inputs