A new executive order from the US government mandates a $100,000 fee for H-1B visas, effective September 21, 2025. This policy has generated significant international concern, particularly among Indian tech workers and those planning to work in the US. The specifics of the order remain somewhat unclear, including the exact exemptions. This fee applies to foreign skilled workers entering or re-entering the US, regardless of whether they are new applicants or returning after travel, or changing employers. Those currently in the US on an H-1B visa who are not traveling abroad are not affected. There is potential for exemptions in ‘national interest’, such as for healthcare workers, though the scope is not clearly defined. F-1 students who are changing to H-1B status within the US will not be affected. Those who are currently outside the US and obtain H-1B approval will likely need to pay the fee.
The implications of this new rule are substantial, with the Indian IT sector expected to be hit the hardest. Major companies like Amazon and Microsoft have advised employees to avoid international travel. This move might also redirect demand towards alternative visa options such as the L-1 and O-1 visas. There is a potential for disruption in the US tech and STEM immigration pipeline. Legal challenges are anticipated, similar to the challenges that arose from the 2017 travel ban. The order is a presidential proclamation, carrying the force of law until overturned by a court.
