$100,000 H-1B visa fee: Who pays, who doesn’t? Trump admin attempts to settle confusion over policy - The Times of India
The H‑1B visa program in the U.S. is undergoing a major change following a proclamation by Donald Trump’s administration. The new rule introduces a $100,000 fee that companies must pay for certain H-1B visa petitions, aimed at limiting entry of lower-paid foreign workers and promoting higher-wage hires. However, the administration clarified that this fee will not apply to persons who already hold valid H-1B status or to straightforward renewals with the same employer. Employers and visa-holders alike are navigating the confusion: which filings trigger the new cost, which are exempt, and how the implementation will play out over time. The shift has implications for tech companies, outsourcing firms and foreign workers — especially those from India, who make up a large share of current H-1B holders.
The Key points
- A presidential proclamation requires a $100,000 fee for certain new H-1B visa petitions and entry into the U.S. under that status.
- The rule takes effect from 12:01 a.m. (ET) on September 21 2025 for eligible petitions filed by or for individuals outside the U.S.
- The fee is not applied to current H-1B visa holders or to renewals with the same employer under existing petitions.
- Transfers to a new employer or initial petitions for applicants outside the U.S. are more likely to trigger the $100,000 charge.
- The proclamation allows exemptions if hiring an H-1B worker serves a U.S. national-interest exception (NIE).
- The administration frames the fee hike as a measure to protect U.S. workers by discouraging low-wage foreign hires.
- Opponents say the fee will raise costs for employers, reduce access to global talent and may drive jobs offshore.
- Indian IT firms and the Indian government have flagged concerns about disruption to families and projects due to the sudden policy change.
- The policy’s precise scope—such as whether the fee is annual or one-time—is subject to further guidance and legal scrutiny.
- The rule is currently set for 12 months but may be extended, depending on subsequent rule-making by relevant agencies.
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