The White House has released the revised guidelines with respect to the executive order signed by the President Donald Trump related to the H-1B visa. As per the latest regulations, the USD 100K imposed on the firms for recruiting the H-1B visa applicants is not an annual fee. Moreover the payment is not applicable for the current visa holders or for the visa renewals. Instead, it will be applicable only for the fresh applications received in the next H-1B lottery cycle. Even the lottery winners of the 2025 cycle remain unaffected by the new regulations.
These clarifications released by the White House have thwarted the confusions and panic existed among the H-1B visa holders since the executive order was inked. The USD 100K fee payment also doesn’t apply for the current H-1B visa holders who are at present outside the United States and want to return to the country. The visa holders’ ability to leave and re-enter the country remains intact. However, the tense and panic environment continuous to prevail among the H-1B visa holders, given Trump’s style of decision making, where he suddenly announces a rule, revokes it or reimposes it.
Joseph B. Edlow, Director of US Citizenship and Immigration Services(USCIS) confirmed, “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”.
President Trump’s new H-1B visa requirement applies only to NEW, prospective petitions that have not yet been filed. ⁰⁰Petitions submitted prior to September 21, 2025 are not affected.https://t.co/YZmqtpE8N3 pic.twitter.com/ZwCnqeoLVI
— USCIS (@USCIS) September 20, 2025
Karoline Leavitt, the White House Press Secretary also asserted that the USD 100K fee on the H-1B application is a one-time fee and not annual in nature. “It will also not apply to renewals and not current visa holders”, she further added.
“Those who already hold H-1B visas and are currently outside the country right now will NOT be charged $100,000 to re-enter. 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”, Karoline Leavitt further clarified.
To be clear:
1.) This is NOT an annual fee. It’s a one-time fee that applies only to the petition.
2.) Those who already hold H-1B visas and are currently outside of the country right now will NOT be charged $100,000 to re-enter.
H-1B visa holders can leave and re-enter the…
— White House Press Office (@PressSec) September 20, 2025
Implications being studied: MEA
Reacting to the executive order related to the H-1B visa, Ministry of External Affairs has asserted that the full implications of the measure are being studied by all concerned, including the Indian industries. Meanwhile, MEA has also highlighted how India-US tech partnership has helped to accelerate creativity and innovation for the benefit of both the countries. In this direction, it is best for both the nations to consult regarding the best path forward as the measure is likely to have humanitarian consequences by way of the disruption caused for families, beyond industries and the firms.
“Skilled talent mobility and exchanges have contributed enormously to technology development, innovation and economic growth, competitiveness and wealth creation in the United States and India. Policy makers will therefore assess recent steps taking into account mutual benefits, which include strong people-to-people ties between the two countries”, the MEA statement further reiterated.
Our statement regarding restrictions to the US H1B visa program⬇️
🔗 https://t.co/fkOjHIxEu9 pic.twitter.com/1rM9W3GYqC— Randhir Jaiswal (@MEAIndia) September 20, 2025
As per the USCIS data, in 2024, 7,80,884 applicants registered for the H-1B visa from across the globe and 7,58,994 applications were considered as eligible. Among them 1,88,400 were selected. Meanwhile, Indians form the largest chunk among the H-1B visa holders in the United States, accounting for 70 per cent of the total.
