H-1B visa fee announced by Trump: Exemptions, legal challenges, and other FAQs answered

The H-1B visa has amount below the spot after the ruff establishment announced on Friday that US companies seeking to hire foreign workers will now have to pay a $100,000 fee to the government to secure the visa.

A proclamation, titled ‘Restriction on entry of certain nonmigrant workers’ and signed by the US President, said that while the H1B visa programme was created to bring temporary workers into the United States to “perform additive, high-skilled functions”, but has been deliberately exploited to replace, rather than supplement, American workers with lower-paid, lower-skilled labor.

Top tech companies in the US are now sending caution notices to their employees. Amazon, which is the top beneficiary of H1B visa, has advised employees holding H-1B and H-4 visas to remain in the United States. In a note seen by Reuters, the company said, “If you have H-1B status and are in the US, stay in the country for now.” Similarly, Microsoft, which is also among the top beneficiary of H-1B visa programme, has recommended that H-1B and H-4 visa holders stay in the United States for the foreseeable future.

US commerce secretary said, "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.”

Here are some FAQs related to the new order concerning H-1B visas:

The H-1B is a non-immigrant visa that allows employers in the United States to hire foreign workers in speciality occupations — roles that require highly specialised knowledge and at least a bachelor’s degree. It is widely used in industries such as information technology, finance, and engineering.

To hire new foreign workers, US companies will have to pay an annual fees of $100,000 for visa petition, starting September 21, 2025.

The rule applies to new applicants only, The New York Times reported. While existing H1B visa holders need not pay the fee, they need to return to the US before September 21, 2025 in case they have been away for 12 months.

As the new rule comes into effect from September 21, 2025 and will remain valid for 12 months. “This restriction shall expire, absent extension, 12 months after the effective date of this proclamation, which shall be 12:01 a.m. Eastern daylight time on September 21, 2025,” the proclamation says.

If a foreign worker holding H1B visa is currently outside the US and doesn't return before September 21, 2025, the Secretary of Homeland Security shall decide if they need to pay the fees or not. This is why the companies are asking their H1B visa-holding workers to stay in the US or return before the order comes into effect.

As of now, the order shall remain valid for 12 months. Decision on renewal shall be taken after H1-B lottery.

Trump's decision to impose an annual fee for H1B visa petitions is likely to face legal challenges. The New York Times quoted Doug Rand, a former senior official at US Citizenship and Immigration Services under President Joe Biden, as he questioned the legality of the policy. “Tying an entry ban to a fee, let alone a $100,000 fee, isn’t likely to survive five seconds in court." The report also quoted Tom Jawetz, a former senior attorney at the Department of Homeland Security under Biden as he likened the move to “mobs demanding protection money”. “It’s not how the laws of a country are administered.”

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