US clarifies $100K H-1B visa fee applies only to new applications, not renewals

$100K H-1B fee applies only to new applicants, not renewals or current visa holders: US.

The White House has clarified that the USD 100,000 fee for H-1B visa applications, announced by President Donald Trump, will apply only to new petitions filed from September 21 onward. Current H-1B holders, including those abroad, will not be charged for re-entry or renewals.

White House Press Secretary Karoline Leavitt said, “This is NOT an annual fee. It’s a one-time charge for new petitions. H-1B visa holders can leave and re-enter the US as usual. The fee will first apply in the upcoming lottery cycle.”

The announcement follows Trump’s order titled “Restriction on Entry of Certain Non-immigrant Workers”, which had initially sparked panic among H-1B workers, particularly Indians, with fears of being stranded or forced to pay the new fee upon re-entry.

USCIS Director Joseph B Edlow confirmed that the fee does not affect petitions filed before the effective date, currently approved petitions, or holders of valid H-1B visas.

The H-1B programme, designed to fill high-skilled roles in the US, has faced criticism for providing companies access to cheaper foreign labour. Traditionally, slots are awarded via lottery, with Amazon, Tata Consultancy Services, Microsoft, Apple, and Google leading this year. California remains the top employment state for H-1B holders.

The move caused immediate disruption: many Indians scrapped travel plans to India, while those already in India rushed back amid Diwali and year-end holiday season concerns. H-1B workers described the atmosphere as “a crazy sense of panic and worry.”

India reacted cautiously. Nasscom warned the fee could disrupt global IT operations, while the MEA said it was closely monitoring the changes, citing potential humanitarian concerns for affected families.