The Trump administration has clarified that the new $100,000 fee for H-1B visas is a one-time payment that applies only to new petitions and will not affect current visa holders.
The US Citizenship and Immigration Services ( USCIS ) late on Sunday issued a set of FAQs on President Donald Trump’s proclamation "Restriction on Entry of Certain Nonimmigrant Workers ," signed on September 19, 2025.
According to the USCIS, the new requirement applies only to new, prospective petitions filed after 12:01am EDT on September 21, 2025. The proclamation "requires a $100,000 payment to accompany any new H-1B visa petitions submitted after 12:01am eastern daylight time on September 21, 2025. This includes the 2026 lottery, and any other H-1B petitions submitted after 12:01am eastern daylight time on September 21, 2025," the USCIS statement said.
The USCIS confirmed that petitions filed before September 21 are not affected. Visa holders who are currently outside the US also do not need to pay the fee when re-entering the country.
The USCIS said, "This Proclamation does not: Apply to any previously issued H-1B visas, or any petitions submitted prior to 12:01am eastern daylight time on September 21, 2025. Does not change any payments or fees required to be submitted in connection with any H-1B renewals. The fee is a one-time fee on submission of a new H-1B petition. Does not prevent any holder of a current H-1B visa from traveling in and out of the United States."
Earlier, White House Press Secretary Karoline Leavitt also said on X that "to be clear", the USD 100,000 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 will not be charged USD 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," she said.
Meanwhile, the USCIS, in the FAQ released, also noted that the US department of homeland security (DHS) and the department of state have been authorized to coordinate actions to implement the proclamation. US Customs and Border Protection and the State Department have issued parallel guidance to their offices.
The FAQs outlined that further reforms are planned to reform the H-1B program. These include a rulemaking by the department of labor to revise and raise prevailing wage levels, and a department of homeland security rulemaking to prioritize "high-skilled, high-paid workers" in the H-1B lottery .
The H-1B is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. Technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.
The H-1B visas, which are very popular among Indian tech professionals, are valid for three years and can be renewed for another three years.
The US Citizenship and Immigration Services ( USCIS ) late on Sunday issued a set of FAQs on President Donald Trump’s proclamation "Restriction on Entry of Certain Nonimmigrant Workers ," signed on September 19, 2025.
According to the USCIS, the new requirement applies only to new, prospective petitions filed after 12:01am EDT on September 21, 2025. The proclamation "requires a $100,000 payment to accompany any new H-1B visa petitions submitted after 12:01am eastern daylight time on September 21, 2025. This includes the 2026 lottery, and any other H-1B petitions submitted after 12:01am eastern daylight time on September 21, 2025," the USCIS statement said.
The USCIS confirmed that petitions filed before September 21 are not affected. Visa holders who are currently outside the US also do not need to pay the fee when re-entering the country.
The USCIS said, "This Proclamation does not: Apply to any previously issued H-1B visas, or any petitions submitted prior to 12:01am eastern daylight time on September 21, 2025. Does not change any payments or fees required to be submitted in connection with any H-1B renewals. The fee is a one-time fee on submission of a new H-1B petition. Does not prevent any holder of a current H-1B visa from traveling in and out of the United States."
Earlier, White House Press Secretary Karoline Leavitt also said on X that "to be clear", the USD 100,000 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 will not be charged USD 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," she said.
Meanwhile, the USCIS, in the FAQ released, also noted that the US department of homeland security (DHS) and the department of state have been authorized to coordinate actions to implement the proclamation. US Customs and Border Protection and the State Department have issued parallel guidance to their offices.
The FAQs outlined that further reforms are planned to reform the H-1B program. These include a rulemaking by the department of labor to revise and raise prevailing wage levels, and a department of homeland security rulemaking to prioritize "high-skilled, high-paid workers" in the H-1B lottery .
The H-1B is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. Technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.
The H-1B visas, which are very popular among Indian tech professionals, are valid for three years and can be renewed for another three years.
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