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H-1B visa fee announced by Trump: Exemptions, legal challenges, and other FAQs answered
Top tech companies in the US are sending caution notices to employees after President Trump signed a proclamation to impose fee on new H-1B visa petitions.
The H-1B visa has come under the spotlight after the Trump administration announced on Friday that US companies seeking to hire foreign workers will now have to pay a $100,000 fee to the government to secure the visa.
A proclamation, titled ‘Restriction on entry of certain nonimmigrant workers’ and signed by the US President, said that while the H1B visa programme was created to bring temporary workers into the United States to “perform additive, high-skilled functions”, but has been deliberately exploited to replace, rather than supplement, American workers with lower-paid, lower-skilled labor. Follow H-1B visa news live updates
Top tech companies in the US are now sending caution notices to their employees. Amazon, which is the top beneficiary of H1B visa, has advised employees holding H-1B and H-4 visas to remain in the United States. In a note seen by Reuters, the company said, “If you have H-1B status and are in the US, stay in the country for now.” Similarly, Microsoft, which is also among the top beneficiary of H-1B visa programme, has recommended that H-1B and H-4 visa holders stay in the United States for the foreseeable future.
US commerce secretary said, "Either the person is very valuable to the company and America, or they’re going to depart, and the company is going to hire an American.”
Here are some FAQs related to the new order concerning H-1B visas:
What is H-1B visa?
The H-1B is a non-immigrant visa that allows employers in the United States to hire foreign workers in speciality occupations — roles that require highly specialised knowledge and at least a bachelor’s degree. It is widely used in industries such as information technology, finance, and engineering.
Who all come under the ambit of this new order?
To hire new foreign workers, US companies will have to pay an annual fees of $100,000 for visa petition, starting September 21, 2025.
Will the fee structure be revised?
As the new rule comes into effect from September 21, 2025 and will remain valid for 12 months. “This restriction shall expire, absent extension, 12 months after the effective date of this proclamation, which shall be 12:01 a.m. eastern daylight time on September 21, 2025,” the proclamation says.
What is the validity of the order?
As of now, the order shall remain valid for 12 months. Decision on renewal shall be taken after H1-B lottery.
Can the order be challenged legally?
Trump's decision to impose an annual fee for H1B visa petitions is likely to face legal challenges. The New York Times quoted Doug Rand, a former senior official at US Citizenship and Immigration Services under President Joe Biden, as he questioned the legality of the policy. “Tying an entry ban to a fee, let alone a $100,000 fee, isn’t likely to survive five seconds in court." The report also quoted Tom Jawetz, a former senior attorney at the Department of Homeland Security under Biden as he likened the move to “mobs demanding protection money”. “It’s not how the laws of a country are administered.”
How did India react?
India on Saturday said it is examining the implications of the United States’ decision to impose a $100,000 annual fee on H-1B visas, but stressed that the measure could have “humanitarian consequences”.
“The government has seen reports related to the proposed restrictions on the US H1B visa program. The full implications of the measure are being studied by all concerned, including by Indian industry, which has already put out an initial analysis clarifying some perceptions related to the H1B program,” a statement issued by the ministry of external affairs said
