• Source:JND
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A major change to the US work visa programme has come into force, with President Donald Trump signing a proclamation that mandates a USD 100,000 fee for new H-1B visa petitions. The move, effective from Sunday, has sent shockwaves through India’s IT and tech workforce, as nearly 71–72 per cent of all H-1B visas are issued to Indian professionals.

The Indian Embassy in Washington has opened an emergency assistance number (+1-202-550-9931, including WhatsApp support) for Indian nationals affected by the sudden rule. Officials emphasised that the number is only for emergencies and not for routine queries.

H-1B Fee Won't Impact Existing Visa Holders: US Official

The United States Citizenship and Immigration Services (USCIS) has clarified that the USD 100,000 charge applies only to new H-1B applications filed on or after September 21. Those with existing visas, approved petitions, or renewals will not be impacted.

"This proclamation only applies prospectively to petitions that have not yet been filed. The proclamation does not apply to aliens 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," Joseph B Edlow, Director of USCIS, clarified in a memorandum on Saturday (local time).

White House Press Secretary Karoline Leavitt also confirmed that the fee is a one-time charge, not an annual levy, countering earlier speculation that companies would be forced to pay the amount every year. "To be clear: This is NOT an annual fee. It's a one-time fee that applies only to the petition. This applies only to new visas, not renewals, and not current visa holders," she said in a post on X.

She also informed that the fee will not be charged on H-1B visa holders who are currently outside of the country. "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. 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 added.

Five Key Facts About the USD 100,000 H-1B Visa Fee Rule

• A USD 100,000 payment must now accompany H-1B visa petitions. The visa is mainly used for high-skilled jobs in technology and related sectors.

•Current H-1B holders, including those temporarily outside the US, will not be charged the fee. Renewals and re-entries are exempt.

•The fee applies from 12:01 a.m. ET on September 21. It is initially valid for one year but may be extended further.

•Despite earlier confusion, the White House clarified it is a one-time petition fee, not a recurring annual charge.

•The additional cost will apply to the upcoming H-1B lottery cycle, impacting fresh applications submitted by US companies.

ALSO READ: 'Indians Don't Need To Rush Back Before Sunday Or Pay $100,000': US Clarifies H1-B Fee Hike Applies To New Visas Only

With more than 70 per cent of H-1B visas going to Indians, the fee hike could deter smaller companies from hiring foreign talent. Analysts also fear it may affect remittance flows from the US to India, which form a major source of foreign exchange.

ALSO READ: Indian Officials Engaging With US Administration, IT Industry To Find Solution Of H1-B Visa Fee Hike: Report

Earlier, India’s Ministry of External Affairs said it is studying the full implications of the new regulation, in consultation with industry stakeholders. A government spokesperson noted that the measure could also have humanitarian consequences, disrupting families of Indian professionals already working in the US. The government has directed its missions to extend all possible help to those travelling back to the US in the coming days.