Starting September 21, 2025, anyone entering the US on a new H-1B visa will have to pay a $100,000 annual entry fee.
The rule does not affect those who already have valid visas inside the country, but it will apply to all future applicants.
Experts say the move will hit Indian IT companies and F-1 students abroad the hardest.
Who Needs to Pay and Who Is Exempt?
To make it clear, here’s a simple breakdown based on attorney guidance:
Category | Impact of $100,000 Fee | Notes |
---|---|---|
Current H-1B holders inside US | ❌ Exempt | Can extend, transfer, or change employers without fee |
Current H-1B holders traveling abroad | ❌ Exempt | Can re-enter with valid visa, no fee |
New H-1B applicants (outside US) | ✅ Impacted | Must pay $100,000 per entry |
F-1 students in US changing to H-1B | ❌ Exempt | No fee if status change happens inside US |
F-1 students outside US with H-1B lottery | ✅ Impacted | Fee applies on first entry |
H-1B renewals/extensions (in-country) | ❌ Exempt | Status changes inside US not charged |
Possible exemptions | Limited | Healthcare roles or “national interest” cases |
Attorneys Warn of Confusion
Immigration lawyers say the rule is not clearly written. “It could be interpreted in different ways, and lawsuits are already being filed,” said Texas-based attorney Chand Parvathaneni.
Another lawyer, Rahul Reddy, noted that big tech companies like Amazon and Microsoft have even advised employees to avoid travel until the situation becomes clearer.
Long-Term Impact
For international students, this policy may discourage US companies from sponsoring H-1B visas, reducing job opportunities.
While current OPT students may face less competition, experts warn that the entire STEM talent pipeline could be affected.
Many expect this proclamation to face legal challenges, much like previous visa restrictions under Trump.