In what can be seen as significant relief from the uncertainties caused by the presidential proclamation order that significantly hiked the application fee for the H-1B visa, the White House has confirmed that the USD 100,000 charge is not an annual fee. It is a one-time fee that applies only to new H-1B visa petitions.
The new fee does not apply to individuals who already hold H-1B visas. This means that current visa holders, including those temporarily abroad, will not be required to pay the re-entry fee to return to the US.
In a post on X, White House Press Secretary Karoline Leavitt wrote that "This is not an annual fee. It's a one-time fee that applies only to the petition. 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."
Clarifying further on the US position regarding the H-1B visa fee hike, Leavitt stated that the new rules apply only to new visas, not to renewals, and not to current visa holders. According to her, the rule will first apply in the upcoming lottery cycle.
The executive order, which is likely to face legal challenges, takes effect Sunday at 12:01 a.m. US Eastern time (0401 GMT), or 9:01 p.m. Saturday on the Pacific Coast.
The Indian tech industry is on edge as a sweeping overhaul of H-1B visa fees threatens to fundamentally alter its talent strategy. The move comes at a time when the US government is determined to end practices where foreign workers "take jobs from hard-working Americans" and exploit the nation's economy without making meaningful contributions, according to US Commerce Secretary Howard Lutnick.
According to the Proclamation signed by US President Donald Trump on Friday, H-1B employees, including current visa holders, will be denied entry to the US beginning Sunday, September 21, unless their employer has paid a USD 100,000 annual fee for the employee. This change in the application fees is way higher than the current H-1B visa fees, which range between USD 1,700 and USD 4,500, making it economically unviable for most companies to hire foreign talent.
India's Ministry of External Affairs had earlier stated that it is examining the implications of the massive hike in the application fee for H-1B visas, which was announced by the Trump administration, noting that this change is likely to have humanitarian consequences and will cause disruptions to families.
"The government has seen reports related to the proposed restrictions on the US H1B visa program. The full implications of the measure are being studied by all concerned, including the Indian industry, which has already put out an initial analysis clarifying some perceptions related to the H1B program," MEA said in an official statement.
The extent of chaos and uncertainty can be gauged from the fact that some of the largest US corporations, like Amazon, JPMorgan, and Microsoft, which are among the largest sponsors of H-1B visas, scramble to inform their employees with those permits to return to the US immediately.
According to a note seen by Reuters, theworld's largest e-commerce company, Amazon, has recommended that employees holding H-1B and H-4 visas return to the US before midnight on September 21. The company also advised its employees with H-1B visas to remain in the country for the time being.
A Hindustan Times report suggests that an immigration counsel for JPMorgan Chase & Co. has advised its H-1B visa holders to remain in the US and avoid international travel until further guidance is provided, according to an internal email.
Media reports further suggest that Microsoft has also told its H-1B visa and H-4 visa holders to remain in the US for the "foreseeable future" and strongly recommended those abroad to return immediately.
Data from the US Citizenship and Immigration Services (USCIS) shows that in FY2025, Amazon topped the list with 10,044 approvals for H-1B visas, followed by TCS 5,505, Microsoft 5,189, Meta 5,123, Apple 4,202 and Google 4,181.