In a move aimed at curbing what he calls “abuse” of the H-1B visa program, President Donald Trump signed a new executive order on Friday. The order mandates that H-1B visa petitions must now include a payment of $100,000. This significant change has prompted a wave of questions from new applicants and current H-1B holders, particularly about whether this hefty fee is an annual requirement.
The proclamation, signed by President Trump, states that “The large-scale replacement of American workers through systemic abuse of the [H-1B] program has undermined both our economic and national security.” This has led to confusion and conflicting information regarding the fee’s frequency.
Initially, comments from Commerce Secretary Howard Lutnick suggested that the $100,000 fee would be an annual payment. He explained that this measure would deter tech companies from “training foreign workers and bringing them in to take American jobs.”
However, the executive order itself does not explicitly state that the fee is annual. It notes that “This restriction shall expire, absent extension, 12 months after the effective date of this proclamation.” The proclamation also mentions that a recommendation for an “extension or renewal of the restriction on entry” will be submitted to the President after the next H-1B lottery.
The confusion was later clarified by White House Press Secretary Karoline Leavitt, who stated that the $100,000 fee is a one-time payment required only when a visa petition is filed. The order’s text confirms this, stating that entry into the U.S. for specialty occupation workers is restricted “except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000.”
India’s Reaction to the H-1B Visa Fee Change
Given that Indians make up the largest group of H-1B visa holders, the new executive order has drawn a response from the Indian government. The Ministry of External Affairs released a statement saying, “The government has seen reports related to the proposed restrictions on the US H1B visa program. The full implications of the measure are being studied by all concerned, including by Indian industry, which has already put out an initial analysis clarifying some perceptions related to the H1B program.”
This ongoing situation continues to be a developing story, with many in both the U.S. and India closely monitoring its full implications.