While confusion surrounded the deadline to return to the United States, many were left wondering if President Trump’s new $100,000 fee would prevent their re-entry. Addressing these concerns, a US official stated, “Indians on H-1B visas do not need to rush back to America by Sunday or pay $100,000 to re-enter the country.”
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The official further clarified, as quoted in a previous Hindustan Times report, that the steep H-1B visa charge will apply “ONLY to new visa petitions and not to renewals.”
So what happens if you miss the deadline?
As panic build, the White House on Saturday issued a three-point clarification that the new $100,000 fee for H-1B visas in the United States that goes into effect on September 21 will be levied per petition and will not be applied to existing holders of valid visas re-entering the country or renewals.
White House spokesperson Karoline Leavitt took to X on Saturday and wrote:
To be clear:
{{/usCountry}}To be clear:
{{/usCountry}}1.) This is NOT an annual fee. It’s a one-time fee that applies only to the petition.
2.) Those who already hold H-1B visas and are currently outside of the country right now will NOT be charged $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.
3.) This applies only to new visas, not renewals, and not current visa holders.
It will first apply in the next upcoming lottery cycle.
This implies that H-1B visa holders need not rush back to the US if they are not in the country as the existing visas continue to be valid without the requirement of $100,000 fee.
This assurance comes as a relief to numerous Indian technology professionals who were alarmed after companies such as Microsoft, Amazon, Meta, and JP Morgan issued notices urging staff to remain in the US and instructing those abroad to return before 21 September, 12:01 am EDT.
The Trump administration’s sudden introduction of the revised visa rules had prompted many firms to caution H-1B holders and their families abroad that they risked being stranded and denied entry if they did not return in time.
India, being the largest beneficiary of the H-1B visa programme in recent years, is expected to be significantly affected by these changes, both in terms of its IT companies and skilled professionals.
Commenting on the potential fallout, external affairs ministry spokesperson Randhir Jaiswal said, “This measure is likely to have humanitarian consequences by way of the disruption caused for families.”
All you need to know about H-1B Visa
The H-1B visa came under renewed scrutiny on Friday after the Trump administration announced that American firms employing foreign workers would now be required to pay a fee of USD 100,000.
The H-1B visa scheme enables companies to hire overseas workers with specialised expertise to work in the United States, initially for three years, with the possibility of renewal for a further three years.
According to the proclamation, an application fee of USD 100,000 will be imposed for H-1B visas.
Recent data from US Citizenship and Immigration Services (USCIS) indicates that Indians account for around 71 per cent of all approved H-1B applications.
Currently, the fee that companies pay to sponsor H-1B applicants ranges between USD 2,000 and USD 5,000, depending on the size of the employer and other associated costs.
In the proclamation, President Trump stated that the H-1B visa programme was designed to bring “temporary workers into the US to perform additive, high-skilled functions, but it has been deliberately exploited to replace, rather than supplement, American workers with lower-paid, lower-skilled labour.”
He added, “The large-scale replacement of American workers through systemic abuse of the program has undermined both our economic and national security.”
Trump further argued that some employers have manipulated the H-1B system and its regulations to drive down wages, creating a “disadvantageous labour market” for American citizens.