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Do you have an H-1B visa or are you applying for one? How Trump’s new order affects you

The US President has signed a proclamation levying a high $100,000 fee for H-1B visa petitions, creating confusion among companies and visa holders.

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New Delhi: In a move that sent shockwaves across the international workforce, especially Indians, and top corporates, US President Donald Trump signed a proclamation, which comes into effect on 21 September, to restrict entry into the United States under the H-1B visa route by charging a whopping $100,000 per application.

The proclamation Friday prompted some big tech companies to warn visa holders to stay in the US or quickly return, leading to full-fledged confusion and worry.

The move is expected to hit Indians the most as 71 percent of the 3,99,395 H-1B visas approved in 2024 were received by them. This was followed by the Chinese, who got 11.7 percent.

H-1B visas allow companies to sponsor foreign workers with specialised skills, such as scientists, engineers and computer programmers, to work in the US. It is initially given for three years but extendable to six.

India responded to Trump’s move with the Ministry of External affairs issuing a statement saying this “measure is likely to have humanitarian consequences by way of the disruption caused for families. Government hopes that these disruptions can be addressed suitably by the US authorities”.

It was a clear indication of the confusion being spread among not just tech companies, who rely on H1B visa holders, but also of actual visa holders.

Such was the scene that several Indians going to the US exited the aircraft fearing that they won’t be allowed to enter the nation, while several leaving the US also de-boarded after their company told them not to leave the country.

According to a report by Reuters, tech giants Microsoft, JPMorgan and Amazon—which all employ large numbers of people holding the H-1B visa—advised employees to remain in the US following Friday’s proclamation.

The proposed changes could deal a big blow to the technology sector that relies heavily on skilled workers from India and China.

However, late Saturday night IST, the White House issued a fact-sheet clarifying the impact of the new rule and what it means.

“It does not apply to anyone who participated in the 2025 lottery,” the White House said on X post-publication. “The Proclamation does not impact the ability of any current visa holder to travel to/from the US.”

Karoline Leavitt, White House spokesperson, also posted on X that the $100,000 fee is not an annual fee but a one-time fee that applies only to the visa application. She clarified that those who already hold H-1B visas and are currently outside the US 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, she said.

She added that Trump’s proclamation 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 US Citizenship and Immigration Services (USCIS) and Customs and Border Protection also issued additional guidance clarifying the visa policy.

(Edited by Nida Fatima Siddiqui)


Also Read: Before criticising India’s CAA-NRC, see US H1B visa policy to UK Migration Act


 

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