President Trump’s $100,000 visa fee proclamation for H1B petitions has left not only the entire H1B visa community in utter shock but also those in India scrambling for last-minute flight tickets to the US. It is to hit hard Indians being the backbone of the H1B visa program, with India having received 71% of 85,000 visa petitions in fiscal year 2024.
Who are exempted from paying the new H1B Visa fee $100,000?
Trump’s executive order that imposes a hefty $100,000 fee for H1B visa applies to new petitions. Precisely, the existing H1B visa holders in and outside the United States are exempted. The proclamation clarifies that the new annual fee can be waived for H1B workers employed in the industries aligned to the national interests of America. The Department of Homeland Security is authorized to exercise its discretion in determining whether certain industries hire aliens (non-immigrants) on H1B visa for national interests without posting a threat to the livelihood and welfare of Americans.
Why are US companies calling for immediate return of H1B workers from India?
President Trump’s H1B visa fee hike to $100,000 does also target those who have been outside the US for 12 months or longer. That’s why Microsoft, Cognizant, Google, Apple and other major H1B visa beneficiaries called their H1B employees (who have been working remotely) to return before the fee hike takes effect on 21 September.
What is National Interest Exemption (NIE) in the US?
The United States’ National Interest Exemption is a discretionary measure that allows unrestricted entry into the US for those non-immigrants in the fields of national interest, such as economy, arts, security, medical, engineering, and public welfare. H1B visa holders whose employment is important to the national interests of America can return to the US without paying the $100,000 visa fee.
Though exempted, they may face scrutiny of their documents at entry airports in the US to validate that the nature of their employment is aligned to the national interest.
Facts about Trump’s executive order raising H1B visa fee to $100K?
- Not every H1B visa professional would incur the $100,000 fee hike to their employers. If you’re already living and working with a valid H1B visa in the US, the new fee does not apply to your employer.
- If you are currently on a visit in India and hold a valid H1B visa, you don’t need to rush back to the US. The new visa fee does not impact your return. You can travel to the US any time after 21 September 2025 without worries.
- The White House press secretary clarifies that 100,000 is not an annual fee for new H1B petitions. It’s a one-time fee that is subject to revision in the next 12 months.
Does the new visa fee $100,000 apply to H1B renewals?
The H1B visa price hike does not apply to H1B renewal petitions, according to the assistant to the White House Press Secretary.
