Indians on H-1B visas who missed the September 21 deadline to return to the United States have been left wondering if Trump's new USD 100,000 fee will
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block their reentry. The Trump administration has since clarified that the hefty charge applies only to fresh petitions, not to existing visa holders or renewals, easing panic among thousands of professionals.
Clarification Brings Relief
The US Citizenship and Immigration Services (USCIS) confirmed the proclamation does not affect petitions filed before September 21. Current H-1B holders outside the country also do not need to pay the fee to reenter.
Press Secretary Karoline Leavitt said on X that the charge is "not an annual but a one-time fee that applies only to the petition. 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".
A White House official told PTI that the USD 100,000 fee is a one-time charge that applies only to the petition. "It only applies to new visas, not renewals or current visa holders. It will first apply in the upcoming lottery cycle. It does not apply to 2025 lottery winners."
Confusion and Panic Among Indians
The announcement initially triggered panic among Indian professionals, with many canceling travel plans and others rushing to board flights before the deadline. Immigration attorney Cyrus Mehta warned, "H-1B visa holders who are out of the US on business or vacation will get stranded unless they get in before midnight September 21. H-1Bs still in India may have already missed the deadline, as there is no way a direct flight from India will get in time."
Commerce Secretary Howard Lutnick initially suggested the fee would apply broadly, saying, "Renewals, first times, the company needs to decide. Is that person valuable enough to have a USD 100,000 a year payment to the government? Or they should head home, and they should go hire an American."
What the New Rule Covers
USCIS Director Joseph Edlow clarified in a memo that the proclamation applies prospectively to petitions filed after the effective date. It does not affect approved petitions or individuals holding valid visas.
The H-1B program allows US employers to hire foreign workers in specialty occupations requiring technical or theoretical expertise. By law, 65,000 visas are issued annually, with an additional 20,000 for US advanced degree holders. Current H-1B filing fees range from USD 2,000 to USD 5,000, while last year’s lottery registration fee was USD 215. The new USD 100,000 charge will apply beginning with the next lottery cycle.
