Big Relief On H-1B Visa Fee: US Issued Clarification

The White House issued a major clarification Saturday to its new H-1B visa policy that had rattled the tech industry, saying a $100,000 fee will be a "one-time" payment imposed only on new applicants, excluding petitions filed before September 21 (Sunday). Trump's move to overhaul the H-1B programme had caused uncertainty and panic among foreign workers, particularly Indians, who make up the majority of the H-1B holders.

In a tweet, White House Press Secretary Karoline Leavitt clarified that those who already hold H-1B visas and are currently outside the US right now won't be charged USD 100,000 to re-enter. "This is NOT an annual fee. It’s a one-time fee that applies only to the petition. H-1B visa holders can leave and re-enter the country to the same extent as they normally would; whatever ability they have to do that is not impacted by yesterday’s proclamation," she wrote.

"This applies only to new visas, not renewals, and not current visa holders. It will first apply in the next upcoming lottery cycle," she said. The clarification came after Trump signed a sweeping order titled “Restriction on Entry of Certain Non-immigrant Workers,” which imposes a steep new cost on H-1B applications. The fee will apply only to fresh petitions filed on or after 12:01 am on Sunday, and not to those already holding the visa.

The US Citizenship and Immigration Services (USCIS) has also clarified that the USD 100,000 fee for H-1B visa applications will be applicable only to new applicants, excluding petitions filed before September 21. USCIS Director Joseph B Edlow said in a memorandum, "This proclamation only applies prospectively to petitions that have not yet been filed. The proclamation does not apply to aliens who: are the beneficiaries of petitions that were filed prior to the effective date of the proclamation, are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B non-immigrant visas."

Prior to the White House's clarification, US companies were scrambling to figure out the implications for their foreign workers, with several reportedly warning their employees not to leave the country. Some people who were already on planes preparing to leave the country on Friday de-boarded over fears they may not be allowed to re-enter the United States, the San Francisco Chronicle reported.

Some cancelled flights at the last minute, even while waiting at departure gates, while others already in India are rushing to return amid confusion, just weeks before Indian professionals and their families typically travel home for Diwali and year-end holidays. H-1B holders and their families described the mood as one of "a crazy sense of panic" and "worry".