H-1B Visa Rules And Restrictions: Trump Administration Says $100,000 Fee Applies Only To New Applications

The Donald Trump administration has said the new $100,000 charge for H-1B visas will apply only to fresh petitions and will not affect existing visa holders. Officials clarified it is a one-time payment that applies to new filings only.

The US Citizenship and Immigration Services (USCIS) stated on Saturday that President Trump’s order concerns only prospective petitions yet to be filed. Petitions submitted before the proclamation’s effective date of Sept. 21 will remain unaffected. Those holding H-1B visas outside the United States will also not need to pay the charge to re-enter.

White House Spokesperson Taylor Rogers told PTI, “President Trump promised to put American workers first, and this commonsense 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.”

A White House official added that the $100,000 fee is a one-time payment applicable only to the petition. “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,” the official said.

In a memorandum, USCIS Director Joseph Edlow wrote that the proclamation issued by Trump on Friday, titled “Restriction on Entry of Certain Nonimmigrant Workers,” applies prospectively to petitions not yet filed. The order does not cover those with petitions filed before the effective date, current beneficiaries of approved petitions, or holders of valid H-1B visas.

“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.

White House Press Secretary Karoline Leavitt also wrote on X that the $100,000 fee is not an annual payment but a one-time petition charge. “Those who already hold H-1B visas and are currently outside of the country right now will not be charged $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 reiterated that the measure applies only to new visas, not renewals or current holders, and will first take effect in the upcoming lottery cycle.

The clarification brought relief to thousands of Indian professionals in the United States who feared being caught by the new cost. Anxiety had spread after Trump signed the proclamation, with some cancelling travel plans while waiting to board flights and others in India rushing to return before the deadline.

Commerce Secretary Howard Lutnick, asked whether the higher fee would also apply to existing holders, said, “Renewals, first times, the company needs to decide. Is that person valuable enough to have a $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.”

Confusion and panic gripped Indian H-1B visa holders in the hours after the proclamation, with immigration lawyers warning that those or their family members outside the United States risked being stranded if they failed to return before Sept. 21.

“H-1B visa holders who are out of the US on business or vacation will get stranded unless they get in before midnight Sept. 21. H-1Bs still in India may have already missed the deadline, as there is no way a direct flight from India will get in time,” New York-based immigration attorney Cyrus Mehta posted on X.

The H-1B visa allows American firms to hire foreign workers in specialised fields requiring technical or theoretical expertise. US technology companies depend on it heavily, employing tens of thousands of workers each year from countries including India and China.

Under a cap mandated by Congress, the US can issue 65,000 H-1B visas each year and an additional 20,000 for those with master’s or higher degrees from US institutions. The current cost of filing an H-1B ranges between about $2,000 and $5,000, depending on employer size and other expenses.

The registration period for the 2027 fiscal year H-1B lottery is expected to open around March next year. In the last cycle, applicants paid a $215 registration fee per beneficiary.

With inputs from PTI.