Still confused about H-1B visa $100,000 rule? Key questions answered

H-1B visa fee proclaimed by Donald Trump-led US organization belatedly endure hebdomad caused panic and fear among Indian professionals who make up over 70 per cent of H-1B visa holders. On Friday, the Trump administration announced a staggering $100,000 annual fee on H-1B visa petitions as he said the existing system was being “abused” and posed a “national security threat”.

Following the announcement, tech companies such as Amazon and Microsoft, asked their workers to return to the US before the order was implemented and stay in the US “till foreseeable future”.

The developments also caused confusion as people sought clarity on the status of the existing H-1B visas. The new visa fees of $100,000 announced by Trump is more than the median annual salary of a fresh H-1B visa holder and more than 80 per cent of the average annual salary of all H-1B visa holders.

No, foreign professionals in the US who already have H1B visas need not pay the $100,000 fee. White House spokesperson Karoline Leavitt clarified that the rule doesn't apply to H-1B visa holders currently outside the US. They can re-enter the US without any fee.

The US Citizenship and Immigration Services (USCIS) also issued a document later that stated the new proclamation only applies prospectively to petitions that have not yet been filed.

White House spokesperson Karoline Leavitt clarified that the $100,000 charge for H-1B visa is not an annual fee. It’s a one-time fee that applies only to the petition, she said in a post on X.

The $100,000 H-1B visa fee applies only to new visas, not renewals, and not current visa holders, White House spokesperson Karoline Leavitt said in her post on X.

Foreign workers who apply for the H-1B visa after September 21, 2025 come under the ambit of the new rule. The new fee only applies in the next H-1B lottery round and not to current visa holders or renewals.

The visa petition fee is to be paid by the companies who want to secure the H-1B visa for their employees.

Immediately after the first announcement over the H-1B visa fee on Friday, big companies such as Microsoft JPMorgan (JPM.N) and Amazon advised their employees with H-1B visas to remain in the United States or return before the September 21 deadline if they weren't.

The companies issued advisory as their was little clarity over who falls under the ambit of the new $100,000 H-1B visa rule.

As mentioned above in the report, the new H-1B visa fee does not apply to existing holders or those seeking renewal.

As per the USCIS, the proclamation does not apply to:

-those 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 section of the proclamation lists another exception to the new H-1B visa restrictions and $100,000 fee requirement. It allows the Secretary of Homeland Security to exempt certain individuals, companies, or entire industries from the rule if it is determined to be in the national interest and does not pose a threat to US security or welfare.

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