Trump’s H-1B Visa Policy Update — What You Need to Know
On September 19, 2025, President Donald Trump signed a proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers”, bringing in several major changes to the H-1B visa program.
Key Changes & Clarifications
- $100,000 Fee for New Applications
- Effective September 21, 2025, companies sponsoring new H-1B visa applicants will be required to pay a $100,000 fee per H-1B petition.
- This fee is a one-time payment tied to the visa petition for new applicants. It is not an annual fee for those currently holding or renewing existing H-1B visas.
- Exemptions for Current H-1B Holders
- Current H-1B visa holders (those already in the U.S.) and those renewing existing visas are not affected by the new fee. They will not be charged the $100,000.
- Also, the policy does not require them to return before the effective date just because of the fee; the restriction applies to new visa applications.
- Global & Industry Reactions
- The tech sector, especially companies that rely heavily on foreign skilled workers (like Microsoft, Amazon, and others), has expressed concern. Some are advising their H-1B employees abroad to return to the U.S. before the deadline.
- Indian IT industry body NASSCOM warned of disruptions to operations and continuity, especially for projects involving workers being moved to the U.S.
- The Government of India has said the policy could have humanitarian consequences, particularly for families of H-1B holders.
Implications & What Affected Persons Should Do
- For Employers: If you’re sponsoring new H-1B employees, factor in the new cost. Make sure petitions filed on or after the effective date include the $100,000 payment.
- For Existing H-1B Holders: If you already have a valid H-1B visa or are renewing, you’re exempt. Be cautious about travel if abroad until you’re sure of how rules apply to re-entry.
- For Applicants Outside the U.S.: To avoid the new fee, consider filing before September 21, if possible. Be aware this may affect the timing of your application and entry.
What’s Still Unclear
- How “national interest” exemptions will be applied in practice, and what criteria will qualify an applicant for such an exemption.
- How courts will respond to legal challenges; there are arguments that such large-scale fee changes without new legislation may face constitutional scrutiny. (Policy experts are already pointing this out.)
- How exactly the fee will be enforced for applicants overseas, including processing logistics and whether visa issuance delays will follow.
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