On Friday, September 19, 2025, the Trump administration introduced an unexpected new fee for H-1B visas, which fundamentally changes how the visa process operates. While previous H-1B application fees totaled a few thousand dollars, under the new regulation effective September 21, 2025, each application now requires a fee of $100,000.
The H-1B visa allows foreign professionals specialized in engineering, technology, science, and healthcare to work in the United States. This latest change has caused significant confusion among immigrants.
The Trump administration’s new presidential proclamation aims to prevent certain abuses related to H-1B visas; in particular, fees and application criteria have been revised. However, there was initially a lack of clarity regarding the implementation of the proclamation. For example, questions such as “Does the new fee apply only to new applications, or does it also affect current visa holders?” or “Will it impact visa extensions?” have sparked debate.
Immigrants in a Rush to Return to the U.S.
The new H-1B announcement particularly impacts applicants and current employees from India and the Middle East. When the announcement was first made, thousands of individuals who were uncertain about whether to return to the U.S. tried to travel before the regulation took effect.
According to Bloomberg and BBC, some travelers booked urgent flights, canceled tickets, or missed flights at the last minute due to visa uncertainties, spending thousands of dollars. Chaos on Emirates’ San Francisco–Dubai route and last-minute travel changes by H-1B employees coming from India highlight the severity of the situation.
Although it was clarified that the new fee does not apply to existing H-1B visas, many individuals remained concerned about potential risks. Companies such as Microsoft, Amazon, and JP Morgan advised their employees not to travel internationally.
Key Points of the White House Proclamation
According to the regulation issued by the White House on September 19, 2025, and the subsequent official H-1B FAQ document, the situation is clarified as follows:
- The proclamation was signed on September 19, 2025, and will take effect on September 21, 2025, for new H-1B applications.
- For any new H-1B application, the employer must submit the petition with an additional $100,000 fee. If this payment is not made, the petition will not be processed.
- Current H-1B visa holders, as well as petitions already submitted or approved, are not subject to this rule; extensions and status protection processes are unaffected.
- The administration has also requested adjustments to the “prevailing wage” guidelines, prioritizing applications from high-wage and highly skilled positions.
Who Is Affected & Remaining Uncertainties
Affected Groups:
- New Applicants: Particularly those who have not yet entered the U.S. and are seeking H-1B entry through an employer.
- High-Skill Sectors: Technology, STEM, and other high-skill occupations, as the new regulation significantly increases costs for foreign employees in these fields.
Unaffected / Exceptions:
- Current H-1B visa holders in the U.S. are exempt from the new fee requirements.
- The proclamation allows exemptions under “national interest” circumstances.
Remaining Uncertainties:
- Some applicants and employers received conflicting information regarding implementation details. Questions such as “Is this fee annual or one-time?” remain unresolved.
- Guidance related to travel and border entry is inconsistent; some H-1B holders traveling outside the U.S. rushed to return due to perceived risks.
Scenarios & Possible Outcomes
Oguz Law evaluates potential scenarios as follows:
Oguz Law’s Assessment
Oguz Law notes that there remain significant uncertainties in this process, particularly regarding:
- Whether the additional fee is annual or one-time,
- How the “national interest exception” will be applied,
- How travelers entering or exiting during this period will be evaluated.
We therefore advise both employers and applicants to closely monitor official announcements and seek professional legal guidance whenever uncertainties arise. Oguz Law is always by your side.
For detailed information about H-1B visas, you can check our blog: H-1B Visa Guide.
