From September 21, 2025, anyone entering the US on a new H-1B visa must pay a $100,000 annual entry fee. The proclamation excludes those already holding valid visas inside the country but applies prospectively to future applicants. The move is seen as disproportionately affecting Indian IT firms and F-1 students abroad.
Who Is Impacted and Who Is Exempt?
To cut through the confusion, here’s a simplified chart based on attorney interpretations:
| Category | Impact of $100,000 Fee | Notes |
|---|---|---|
| Current H-1B holders inside US | ❌ Exempt | Can extend, transfer, or change employers without fee |
| Current H-1B holders traveling abroad | ❌ Exempt | Re-entry allowed with no fee if visa is valid |
| New H-1B applicants (outside US) | ✅ Impacted | Must pay $100,000 per entry |
| F-1 students in US changing to H-1B | ❌ Exempt | No fee if status change happens inside US |
| F-1 students outside US winning H-1B lottery | ✅ Impacted | Fee applies upon first entry |
| H-1B renewals/extensions (in-country) | ❌ Exempt | Does not apply to status changes inside US |
| Possible exemptions | Limited | Healthcare roles, “national interest” cases |
Attorneys Warn of Uncertainty
Immigration lawyers say the language remains vague. “It could be interpreted in different ways, and lawsuits are already being prepared,” said Texas-based attorney Chand Parvathaneni. Houston lawyer Rahul Reddy noted that big tech firms like Amazon and Microsoft have advised employees against travel until clarity emerges.
Long-Term Implications
For international students, the policy could deter companies from sponsoring H-1B visas, reducing opportunities. While current OPT students may see less competition, the broader STEM pipeline could be disrupted. Many experts expect this proclamation to face legal challenges, similar to Trump’s earlier travel bans.
