Clarification comes after confusion, concern among skilled workers and employers
The White House has clarified that a new $100,000 fee for H-1B visa petitions that took effect on September 21, 2025, only applies to new applicants and not to current visa holders or renewals.
This announcement follows President Donald Trump’s signing of the “Restriction on Entry of Certain Nonimmigrant Workers” proclamation, which aims to reform the H-1B visa program to “curb abuses and protect American workers.”
The clarification comes after widespread confusion and concern among skilled workers and employers, as reported by several media sources.
$100,000 fee for H-1B visa
According to a U.S. government release, the proclamation requires a $100,000 payment for any new H-1B visa petitions submitted after 12:01 a.m. EDT on September 21, 2025. This includes applications for the 2026 lottery and any other H-1B petitions filed after this time.
The Department of Homeland Security and the Department of State have been authorized to coordinate implementation, with guidance issued by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, and the Department of State.
The U.S. government emphasized that the new fee does not apply to previously issued H-1B visas or petitions submitted before the deadline. It also does not alter fees for H-1B renewals and does not restrict current H-1B holders from traveling in and out of the United States. The fee is a one-time charge for new petitions only.
Reuters reported that the White House’s clarification came after Commerce Secretary Howard Lutnick initially described the fee as annual, a statement later corrected by White House spokesperson Karoline Leavitt, who confirmed on X (formerly Twitter) that the fee is not annual and does not affect renewals or existing visa holders.
Confusion among employers, workers
The CBC highlighted that the announcement caused confusion and concern among technology companies and skilled workers, with some H-1B holders rushing back to the U.S. out of fear of being subject to the new fee. Internal communications from firms like Microsoft, JPMorgan, and Amazon advised employees to stay in the country, while Goldman Sachs urged caution regarding international travel.
The U.S. Chamber of Commerce said it was concerned about the impact on employees and American employers: "We're working with the administration and our members to understand the full implications and the best path forward."
The White House stated that the fee is intended to address abuses in the H-1B program and to protect American workers from being replaced by lower-paid foreign labour. The administration also noted that H-1B petitions could be exempted from the fee on a case-by-case basis if deemed in the national interest, as reported by Reuters.
Further reforms to H-1B program
Further reforms are planned, including a Department of Labor rulemaking to revise and raise prevailing wage levels and a Department of Homeland Security rulemaking to prioritize high-skilled, high-paid applicants in the H-1B lottery.
India’s Ministry of External Affairs expressed concern about the impact on Indian families and businesses, as more than 70% of H-1B visa holders are Indian nationals. The ministry is reviewing the measure and hopes that any disruptions can be addressed by U.S. authorities, CBC News reported.
