US clarifies $100,000 H-1B visa fee: One-time, not retroactive

WEBDESK, Sept. 21, 2025 — The United States has moved to clarify its new $100,000 H-1B visa policy after widespread confusion and anxiety among foreign workers and major technology firms.

The clarification came a day after President Donald Trump signed an executive order imposing the fee, which immediately rattled the global tech industry and sparked warnings from India about potential humanitarian fallout.

White House press secretary Karoline Leavitt said Saturday the $100,000 charge would be a one-time, per-petition fee and would apply only to new H-1B visa applicants, not to renewals or existing visa holders.

“This is NOT an annual fee,” Leavitt wrote in a statement. “Those who already hold H-1B visas and are currently outside the country right now will NOT be charged $100,000 to re-enter.”

The clarification came after U.S. Commerce Secretary Howard Lutnick initially suggested the fee would apply annually and affect renewals, prompting leading tech companies — including Amazon, Microsoft, Meta and Google’s parent company Alphabet — to advise their H-1B employees not to travel abroad until further guidance was issued.

The order, signed Friday night in the Oval Office, is scheduled to take effect at 12:01 a.m. Sunday and remain in force for one year, with the possibility of an extension.

India voices alarm

India, whose citizens account for nearly three-quarters of H-1B visa recipients, reacted with concern. The Ministry of External Affairs said the measure “was being studied by all concerned, including by Indian industry,” warning that it could have “humanitarian consequences by way of the disruption caused for families.”

“The government hopes that these disruptions can be addressed suitably by the U.S. authorities,” the ministry said.

Business backlash

The U.S. Chamber of Commerce also weighed in, saying it was “concerned about the impact on employees, their families and American employers.” The group said it was working with the administration to understand the implications and seek clarity for businesses that rely heavily on foreign tech talent.

Immigration lawyers described the situation as chaotic. Allen Orr, chair of the immigration section at the National Bar Association, said the order had led to “mass confusion,” with some workers canceling flights and others rushing back into the United States, fearing they could be locked out.

“If it applies to next year, $100,000 for an H-1B worker just basically puts it out of the market,” Orr said. “When we stop letting that talent into the United States, we’re hurting our brand.”

Critical program for the tech sector

H-1B visas allow U.S. employers to hire foreign workers with specialized skills — such as engineers, scientists and programmers — for an initial three years, extendable to six. The visas are distributed through a lottery system and are a mainstay of the tech industry’s labor pipeline.

Critics of the program argue it undercuts American workers by importing cheaper labor, with some visa holders reportedly earning as little as $60,000 annually — far below typical salaries in the sector.

For now, the White House insists the $100,000 fee is narrowly targeted. But with confusion still rippling across the global tech workforce, the true impact of Trump’s latest immigration order may only become clear in the weeks ahead.