H-1B visa charge just for new petitions, present holders not affected: Trump admin

The Trump administration has clarified that the brand new $100,000 charge for H-1B visas is a one-time cost relevant solely to new petitions and doesn’t apply to present visa holders, offering an enormous aid for 1000’s of involved professionals working within the US, together with from India.

The US Citizenship and Immigration Providers (USCIS) mentioned in a press release on Saturday that President Trump’s new H-1B visa requirement applies solely to new, potential petitions that haven’t but been filed.

H-1B petitions submitted earlier than the efficient proclamation date of September 21 usually are not affected. These visa holders at present exterior the US additionally don’t have to pay the charge for re-entering the nation. 

A White Home official instructed PTI that the $100,000 charge is a one-time cost that applies solely to the petition. “It solely applies to new visas, not renewals or present visa holders. It would first apply within the upcoming lottery cycle. It doesn’t apply to 2025 lottery winners.”

White Home Spokesperson Taylor Rogers instructed PTI that President Trump “promised to place American staff first, and this widespread sense motion does simply that by discouraging firms from spamming the system and driving down wages.” 

“It additionally provides certainty to American companies that truly wish to carry high-skilled staff to our nice nation however have been trampled on by abuses of the system,” she mentioned.

In a memorandum, USCIS Director Joseph Edlow wrote that the proclamation — ‘Restriction on Entry of Sure Nonimmigrant Staff’ — issued by President Trump on Friday solely applies prospectively to petitions that haven’t but been filed. 

The proclamation doesn’t apply to people who “are the beneficiaries of petitions that have been filed previous to the efficient date of the proclamation, are the beneficiaries of at present accredited petitions, or are in possession of validly issued H-1B non-immigrant visas”.

“All officers of the US Citizenship and Immigration Providers shall be sure that their selections are in line with this steering. The proclamation doesn’t impression the power of any present visa holder to journey to or from the US,” the memo mentioned.

White Home Press Secretary Karoline Leavitt mentioned on X that “to be clear”, the $100,000 will not be an annual however a one-time charge that applies solely to the petition.

“Those that already maintain H-1B visas and are at present exterior of the nation won’t be charged $100,000 to re-enter. H-1B visa holders can depart and re-enter the nation to the identical extent as they usually would; no matter potential they’ve to do this will not be impacted by yesterday’s proclamation,” she mentioned.

Leavitt added that the proclamation applies solely to new visas, not renewals, and never present visa holders and can first apply within the subsequent upcoming lottery cycle.

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The clarification despatched an enormous wave of aid amongst Indian professionals on H-1B visas within the US, who had been gripped with panic, worry and concern after Trump signed the proclamation.

When requested if the hiked charge would apply to the H-1B visa holders already within the nation, for renewals or for these making use of for the primary time, Commerce Secretary Howard Lutnick had mentioned on Friday, “Renewals, first instances, the corporate must determine. Is that particular person beneficial sufficient to have a $100,000 a 12 months cost to the federal government? Or they need to head house, and they need to go rent an American.”

“It may be a complete of six years, so $100,000 a 12 months. So both the particular person could be very beneficial to the corporate and America, or they will depart, and the corporate goes to rent an American.

“That’s the purpose of immigration — rent People and ensure the folks coming in are the highest folks. Cease the nonsense of letting folks simply come into this nation on these visas that got away totally free. The President is crystal clear. Priceless folks just for America. Cease the nonsense,” Lutnick had mentioned.

Widespread panic, confusion and concern had gripped Indians within the US on H-1B visas within the hours after Trump’s order to impose the charge, with many cancelling journey plans on the final minute whereas ready to board flights to the homeland and a number of other others already in India scrambling to return.

Immigration attorneys and corporations sounded the alarm for H-1B visa holders or their relations at present exterior the US for work or trip, asking them to return to the US earlier than the proclamation kicked in on September 21.

The H-1B is a non-immigrant visa that permits US firms to make use of overseas staff in speciality occupations that require theoretical or technical experience. Expertise firms rely on it to rent tens of 1000’s of staff every year from nations like India and China. 

Underneath a Congressional-mandated cap, the US can concern a most of 65,000 H-1B visas yearly and one other 20,000 to those that have obtained grasp’s and better levels from the US. The present H1B visa charge ranges from about $2,000 to $5,000, relying on employer measurement and different prices.

The preliminary registration interval for the 2027 fiscal 12 months H-1B cap is anticipated to open round March subsequent 12 months. Final 12 months, there was a $215 H-1B registration charge for every registration submitted on behalf of every beneficiary. 

The H-1B visas, that are very fashionable amongst Indian tech professionals, are legitimate for 3 years and may be renewed for an additional three years.