1: The Trump administration has clarified that the USD 100,000 fee for H-1B visas is mandated only for new petitions as a one-time payment, exempting the current the visa holders.
2: The requests made before the effective proclamation date of September 21 will also not be affected.
The Trump administration issued a clarification that the new directive mandating USD 100,000 fee for H-1B visas is applicable as a one-time payment only for new petitions and does not apply to current visa holders.
The hike in the visa fee had caused considerable panic amongst professionals working in the US, with many immigration attorneys and U.S.-based companies warning H-1B visa holders currently abroad to return to the United States immediately.
As per the statement, those with the H-1B visa currently outside the U.S. also do not need to pay the fee for re-entering the country. The notice was issued by the US Citizenship and Immigration Services (USCIS).
Additionally, H-1B visa requests submitted before the effective proclamation date of September 21 will also not be affected.
"President Trump promised to put American workers first, and this common sense action does just that by discouraging companies from spamming the system and driving down wages." "It also gives certainty to American businesses that actually want to bring high-skilled workers to our great country but have been trampled on by abuses of the system," White House Spokesperson Taylor Rogers told PTI.
"It only applies to new visas, not renewals or current visa holders. It will first apply in the upcoming lottery cycle. It does not apply to 2025 lottery winners." In a memorandum, USCIS Director Joseph Edlow wrote that the proclamation -- 'Restriction on Entry of Certain Nonimmigrant Workers' -- issued by Trump on Friday only applies prospectively to petitions that have not yet been filed.
The proclamation does not apply to individuals 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," a memorandum written by USCIS Director Joseph Edlow stated.
"All officers of the United States Citizenship and Immigration Services shall ensure that their decisions are consistent with this guidance. The proclamation does not impact the ability of any current visa holder to travel to or from the United States," the memo said.
The clarification was also posted by White House Press Secretary Karoline Leavitt also on X. "Those who already hold H-1B visas and are currently outside of the country right now 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," she said.
Leavitt clarified that the proclamation applies only to new visas—not to renewals or existing holders—and will take effect beginning with the next lottery cycle. The announcement brought significant relief to thousands of Indian professionals in the U.S. on H-1B visas, who had been gripped by panic and uncertainty after Trump signed the order.
When asked whether the increased fee would also apply to existing H-1B holders seeking renewals, as well as to new applicants, Commerce Secretary Howard Lutnick said, "Renewals, first times, the company needs to decide. Is that person valuable enough to have a USD 100,000 a year payment to the government? Or they should head home, and they should go hire an American." "It can be a total of six years, so $100,000 a year. So either the person is very valuable to the company and America, or they're going to depart, and the company is going to hire an American.
"That’s the point of immigration -- hire Americans and make sure the people coming in are the top people. Stop the nonsense of letting people just come into this country on these visas that were given away for free. The President is crystal clear. Valuable people only for America. Stop the nonsense," Lutnick had said.
The H-1B is a non-immigrant visa that enables U.S. companies to hire foreign professionals for specialty roles requiring technical or theoretical expertise. It has become especially vital for technology firms, which rely on it to recruit tens of thousands of skilled workers each year, primarily from countries such as India and China.
By law, the U.S. issues up to 65,000 new H-1B visas annually, with an additional 20,000 reserved for applicants holding a U.S. master’s degree or higher. Application fees currently range from about USD 2,000 to USD 5,000, depending on the size of the employer and related costs.
For the 2027 fiscal year, the initial registration period is expected to open around March. Last year, each registration required a USD 215 fee per applicant submission.
(with inputs from PTI)
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