Trump administration clarifies $100,000 H-1B fee applies only to new petitions

The Trump administration has clarified that the new $100,000 H-1B visa fee applies only to new petitions and not to current holders or renewals. The move offers relief to thousands of Indian professionals in the US amid earlier confusion and panic.

New York/Washington: The Trump administration has clarified that the new USD 100,000 fee for H-1B visas is a one-time payment applicable only to new petitions and does not apply to current visa holders, providing a huge relief for thousands of concerned professionals working in the US, including from India.

The US Citizenship and Immigration Services (USCIS) said in a statement on Saturday that President Trump’s new H-1B visa requirement applies only to new, prospective petitions that have not yet been filed.

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H-1B petitions submitted before the effective proclamation date of September 21 are not affected. Those visa holders currently outside the US also do not need to pay the fee for re-entering the country.

A White House official told PTI that the USD 100,000 fee is a one-time charge that applies 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.” White House Spokesperson Taylor Rogers told PTI that 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,” she said.

In a memorandum, USCIS Director Joseph Edlow wrote that the proclamation — ‘Restriction on Entry of Certain Nonimmigrant Workers’ — issued by President 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”.

“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 said on X that “to be clear”, the USD 100,000 is not an annual but a one-time fee that applies only to the petition.

“Those who already hold H-1B visas and are currently outside of the country 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 added that the proclamation applies only to new visas, not renewals, and not current visa holders and will first apply in the next upcoming lottery cycle.

The clarification sent a huge wave of relief among Indian professionals on H-1B visas in the US, who had been gripped with panic, fear and concern after Trump signed the proclamation.
When asked if the hiked fee would apply to the H-1B visa holders already in the country, for renewals or for those applying for the first time, Commerce Secretary Howard Lutnick had said on Friday, “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.”