New $100,000 H-1B Visa Fee Sparks Confusion, White House Clarifies It Won’t Affect Existing Holders
President Trump’s executive order prompted panicked travel advice for some visa holders abroad, but a new memo from USCIS confirms the fee only applies to new applicants.
A new $100,000 fee for H-1B visas, signed into effect by the administration, has caused widespread confusion and concern among visa holders and tech companies. While President Trump’s executive order, as written, led some immigration lawyers to advise H-1B holders to immediately re-enter the country, a White House official and a subsequent memo from U.S. Citizenship and Immigration Services (USCIS) have clarified the rule’s application.
The new fee, which took effect Sunday at 12:01 a.m. ET, will not be applied to existing holders of valid visas re-entering the country, according to a White House official. This clarification came after some legal experts interpreted the order as applying to anyone with an H-1B visa who was outside the United States, leading to a scramble for some to get back into the U.S. by Saturday.
Immigration lawyer Douglas Russo, for example, advised clients in a widely shared social media post that “the safest approach is re-entering before Sunday.” This advice was reportedly echoed by some tech companies who told their H-1B employees to return to the U.S. immediately and to avoid future international travel.
The confusion stems from the potential financial impact of the new fee. For major employers of H-1B workers, such as Microsoft, Amazon, and outsourcing companies, a $100,000 fee for existing visa holders could have resulted in a new financial burden exceeding $1 billion annually.
However, a memo issued by USCIS Director Joseph Edlow on Saturday afternoon explicitly confirmed the administration’s stance. “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,” the memo stated. The fee will only apply to new applicants in the upcoming lottery cycle.
The new policy is part of the administration’s broader immigration agenda, which has prioritized stricter controls on both legal and illegal immigration. Supporters of the move, like White House spokeswoman Taylor Rogers, argue that it will “put American workers first” and discourage companies from “abusing the system.” Critics, including some in Silicon Valley, contend that H-1B visas are essential for attracting top global talent and maintaining America’s technological edge.
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