US H-1B visa: US President Donald Trump has signed executive orders imposing a $100,000 fee on H-1B visas. The move has drawn global attention and is expected to affect Indians living abroad, those planning to move, and people currently in the process of going to the US. Some details of the order are still unclear, and reports differ on which skilled workers are exempt. Here is an analysis of those likely to be impacted.
Among the Indian tech workers, a large group has been depending on this H1-B visa to pursue their dream.
What exactly is the new $100,000 rule?
The US Employers must pay $100,000 per H-1B petition involving the entry or re-entry of a foreign worker from September 21, 2025. This applies to all the foreign skilled workers regardless of whether the worker is coming for the first time, returning after travel, or switching employers.
The rule acts like a travel ban. Workers cannot return to the U.S. unless their employers pay the $100,000 fee.
New Rule: A $100,000 entry fee is imposed on H-1B visa holders, effective September 21 at midnight.
Who will have to pay: Applies to those entering the US on H-1B visas after September 21 midnight.
Exemptions:
- People already in the US on H-1B visas (extensions, transfers, or status changes within the US are not affected).
- Possible exemptions in “national interest” (e.g., healthcare workers), though this is vague.
What is unclear?
- Whether current H-1B visa holders traveling abroad and re-entering will need to pay.
- Whether the fee is annual or one-time—language suggests it may apply each time someone re-enters the US.
- Payment process details are not clear.
Students:
- F-1 students changing to H-1B inside the US are not affected.
- F-1 students outside the US who get H-1B approval will likely need to pay.
Impact:
- Indian IT professionals and companies are most affected.
- Major firms like Amazon and Microsoft have warned employees against travel.
- May push demand toward other visas (L-1, O-1).
- Could disrupt the US tech and STEM immigration pipeline.
Legal Challenges: Lawyers expect lawsuits, similar to challenges against Trump’s 2017 travel ban.
Legal Status: The order is a presidential proclamation, not legislation, but it holds authority unless struck down in court.
