$100k fee not for existing H-1B visas: White House

The clarifications came after companies including Microsoft and Amazon issued advisories telling H-1B employees to return immediately

The White House issued sweeping clarifications on Sunday about President Donald Trump’s H-1B visa overhaul, contradicting earlier official statements and resolving a weekend of panic that triggered emergency advisories for employees to return to the US and soaring flight prices.

The clarifications came after companies including Microsoft and Amazon issued advisories telling H-1B employees to return immediately before Trump’s order took effect on September 21 or defer plans to leave the country. (AFP)

The $100,000 H-1B visa fee will not be an annual charge and applies only to new applications in upcoming lottery cycles, Washington clarified.

Immigration agencies also confirmed that existing H-1B holders remain free to travel internationally without paying the new fee to re-enter the United States — directly contradicting the strict interpretation from the proclamation of Trump’s executive order that sparked weekend chaos.

The clarifications came after companies including Microsoft and Amazon issued advisories telling H-1B employees to return immediately before Trump’s order took effect on September 21 or defer plans to leave the country.

Airlines and travel agents in India reported unprecedented demand for last-minute US-bound flights with prices surging by 200%, and videos emerged on social media of people abandoning at least one international flight due to depart an American airport.

“The fear and confusion comes from the fact that the Proclamation does not list any other exceptions besides ‘national interest’,” said Henry Lindpere, senior counsel for immigration at Manifest Law. “Based on a strict reading of the language in the Proclamation, this restriction to entry applies to everyone trying to enter the US on an H-1B visa after the effective date.”

Lindpere added that the safest recommendation had been for individuals outside America to return immediately — advice that proved unnecessary once officials clarified the policy’s scope.

The weekend’s confusion was compounded by statements from the administration itself.

Commerce secretary Howard Lutnick told reporters on Friday that the $100,000 payment would be required annually and would apply to visa renewals, details later corrected by the White House, US Citizenship and Immigration Services, and Customs and Border Protection.

Saturday’s clarification that H-1B holders need not rush back came only after many had already made expensive emergency returns to America.

The new visa rules face review within 30 days of the next H-1B lottery and are widely expected to encounter legal challenges.

“How long-lasting the Proclamation will prove to be will only become clear over time. There are almost certainly lawsuits being prepared already, and the legality of the Proclamation will be challenged in federal court very soon,” Lindpere said.

The policy aims to make hiring foreign workers less economical for US companies. H-1B visas, granted for three years and renewable for another three, are capped by law at 65,000 annually, with an additional 20,000 for advanced degree holders.

Over 70% of approved H-1B visas go to Indian professionals, making them disproportionately affected by the fee hike. Indian companies including Infosys and Tata Consultancy Services rank among the programme’s top sponsors.

The visa pathway has allowed foreign workers to join American companies since 1990, creating a pipeline that built much of Silicon Valley’s workforce but which Trump’s administration argues displaces American workers.