US clarifies $100,000 H-1B visa fee applies only to new applicants

A senior U.S. administration official sought to allay fears among Indian professionals on Saturday, clarifying that the newly announced $100,000 annual fee for H-1B visas will apply only to fresh petitions, not to renewals or existing visa holders.

According to the official, individuals already on H-1B visas — including those traveling abroad or visiting India — “don’t need to rush back before Sunday or pay the $100,000 fee. $100,000 is only for new and not current existing holders.”

The official added that “the H-1B fee is likely to face legal challenges. But if it survives, companies that hire skilled international workers would have to pay $100,000 each year for any employee working on the visa, for up to six years. The fee applies only to new applicants,” a White House official said, according to a report in The New York Times.

The announcement, which comes as nearly three-fourths of H-1B visas are awarded to Indians, has already prompted concern in New Delhi. The Indian government warned that the measure could disrupt families, curtail opportunities for tech professionals and affect remittance flows.

The executive order, signed by President Donald J. Trump on Friday night, introduces one of the steepest fee increases in the history of the program, long used by American companies to recruit highly skilled foreign workers. Axios reported that while the fee takes effect Sunday, it will not apply to existing holders re-entering the country.

Indian industry leaders were quick to respond. Nasscom, the technology trade body, cautioned that the new fee could upend global operations for Indian information technology firms that deploy thousands of skilled professionals to the United States.

The Ministry of External Affairs said it was still assessing the full implications of the order. Missions and posts across the world have been instructed to support Indian nationals returning to the United States in the next 24 hours.

“The Government has seen reports related to the proposed restrictions on the US H1B visa program. The full implications of the measure are being studied by all concerned, including by Indian industry, which has already put out an initial analysis clarifying some perceptions related to the H1B program,” the ministry’s spokesperson said.

The statement added that both Indian and American industries “have a stake in sustaining innovation and creativity and can be expected to consult on the best way forward.”