Trump's disruptive H-1B visa move, No US entry from Sunday unless…

H-1B employees, including current visa holders, will be denied entry to the US beginning Sunday unless their employer has paid a USD 100,000 annual fee (over Rs 88 lakh) for the employee, as per a proclamation signed by President Donald Trump on Friday (local time).

The travel ban and fee requirement will apply to any H-1B holder entering the US after 12:01 am EDT (9:30 am IST) on Sunday, September 21. New H-1B and H-1B extensions must pay USD 100,000 to be processed and USD 100,000 per year every year thereafter to maintain them, the proclamation said.

"The proclamation allows the Department of Homeland Security to grant exceptions to the ban for individual foreign nationals working for a particular company, or foreign nationals working in a specific industry, if, in the agency's discretion, H-1B employment is found to be in the national interest and does not pose a threat to US security or welfare," it said.

The restriction will be valid for 12 months but may be extended on the recommendation of the federal immigration agencies. An extension would keep the ban in place for foreign nationals for whom a FY 2027 H-1B cap petition was approved.

What it means to Indians

Under Trump's new executive order, companies hiring skilled foreign workers will now have to pay USD 100,000 annually for each H-1B visa, a sharp jump from the earlier USD 1,500 in administrative fees. According to the latest data from the US Citizenship and Immigration Services (USCIS), Indians accounted for 72 percent of the nearly 4 lakh H-1B visas issued between October 2022 and September 2023.

Eminent New York-based immigration attorney Cyrus Mehta said the H-1B holders still in India may have already missed the deadline, as there is no way a direct flight from India will get there in time. "H-1B visa holders who are out of the US on business or vacation will get stranded unless they get in before midnight September 21. H-1Bs still in India may have already missed the deadline, as there is no way a direct flight from India will get in time," he wrote on X.

Big Tech Warn Holders

As the Trump administration said it would ask companies to pay USD 100,000 per year for H-1B worker visas, some Big Tech companies warned visa holders to stay in the US or quickly return. The staggering annual fee was announced to check the "systemic abuse" of the H1-B programme. Major companies such as Meta and Microsoft urged their employees, who are currently residing outside the US, to return to the country within 24 hours to avoid denial of re-entry. The emails asked the foreign employees to follow the directives for a "foreseeable future".