US State Department Clarifies New H-1B Visa Rule Amid Industry Panic
The US State Department has clarified President Trump's new H-1B visa rules, assuaging fears among tech industry stakeholders and Indian professionals. The new rules apply only to fresh petitions filed after September 21, 2025, introducing a $100,000 fee. Current visa holders remain unaffected by these changes.
- Country:
- United States
The US State Department has sought to alleviate confusion surrounding President Donald Trump's recent H-1B visa proclamation, which has caused concern in the tech industry and among Indian professionals residing in the United States. False claims have circulated since Trump signed the order last week, but the State Department emphasized that the new H-1B regulations do not pertain to previously issued visas or any petitions submitted before 12:01 am Eastern Daylight Time on September 21, 2025.
The department further clarified that the new $100,000 fee applies only to new petitions or lottery entries made after September 21. Applications submitted before that date are exempt, along with current visa holders. The proclamation authorizes the Department of Homeland Security and the State Department to coordinate implementation efforts.
According to the statement, guidance from the US Citizenship and Immigration Services, US Customs and Border Protection, and the Department of State has already been distributed to ensure consistent enforcement. The fee increase does not impact H-1B renewals or restrict existing holders from traveling to and from the US.
Looking forward, the US administration plans further reforms. Potential changes include adjusting prevailing wage levels and prioritizing high-skill, high-salary applicants in the H-1B lottery. Additional reforms are anticipated in the coming months.
A senior US Administration official confirmed that current H-1B holders, including those currently visiting abroad, are not subject to the $100,000 fee or required to return to the US before it takes effect. The fee only impacts new applicants.
The US Citizenship and Immigration Services reiterated in a memorandum that the proclamation solely affects future petitions. White House Press Secretary Karoline Leavitt confirmed that the $100,000 fee is a one-time charge for new applications only, not affecting renewals or existing visa holders outside the US.
(With inputs from agencies.)
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