A new administrative decision by U.S. President Donald Trump to introduce a \$100,000 fee for applying for an H-1B visa has caused confusion among immigrants and their employers, raising questions about whether current visa holders can safely travel outside the United States.
The H-1B visa, which has existed for more than 35 years, has allowed millions of foreigners to work legally in the U.S., particularly within the technology industry, at companies such as Amazon, Google, Microsoft, and Apple, as well as in the financial sector.
Over the weekend, the White House attempted to clarify the new policy, emphasizing that the fee does not apply to currently valid H-1B visas and that it is a one-time payment applied only at the time of the initial visa application.
White House spokesperson Taylor Rogers explained that the new \$100,000 fee “aligns with Trump’s promise to put American workers first and encourages companies not to abuse the system or lower Americans’ wages.”
Still, after the announcement of the new policy, some tech companies, including Google and Microsoft, instructed their H-1B employees traveling abroad to return immediately, fearing they might not be able to re-enter without paying the new fee.
Parul Kul, president of the Google employees’ union, stated that despite the White House’s clarification, there is “great uncertainty” on the ground.
Who pays the fee and when?
Under existing rules, employers cover application costs, meaning the additional \$100,000 is ten times higher than before. Many employers are unlikely to be willing to pay that amount, which is precisely the White House’s goal – to encourage hiring more domestic workers and reduce reliance on foreign specialists.
The fee applies only to new applications and takes effect on September 21, 2025, at 12:01 a.m. Eastern Time. Each year, 85,000 H-1B visas are granted to highly skilled workers, most of whom hold at least a college degree and specialized skills. Estimates suggest there are currently around 700,000 H-1B visa holders in the U.S.
What about current H-1B visa holders?
The White House states that current visa holders are free to travel within and outside the U.S. The fee is charged only during the first application process, while the rules for renewals or employer changes remain unchanged.
However, legal uncertainty exists for those planning changes or travel after September 21, and lawyers recommend avoiding travel until additional guidelines are issued.
Impact on the program and industry
Lawyers warn that the new fee will likely discourage many foreign specialists from moving to the U.S. Although the technology sector is the primary beneficiary of the H-1B program, the visa is also vital in other industries, such as healthcare, where foreign medical professionals are often employed.
More than 70% of H-1B visas are awarded to recipients from India, followed by China with over 10%, while the rest come from Canada, South Korea, the Philippines, Mexico, and Taiwan.
Exemptions for national security
The provision of the new regulation includes exemptions for workers, companies, and sectors that support the “national interest” and do not pose a threat to U.S. security, but it remains unclear how these exemptions will be applied and which agency will approve them.
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Source: CBS News, Foto: employmentlawworldview.com