What happens if Indians on H‑1B without $100k fee fail to enter US by deadline? Details known so far
A New York-based immigration attorney has cautioned that H-1B visa holders, who are out of the US, will get stranded unless they get in before midnight Sept 21.
Indian tech professionals working in the US are wondering what their next steps should be after US President Donald Trump on Friday raised the H-1B visa application fee to USD 100,000 (around 9 million or 90 lakh Indian rupees) annually.
India, which accounts for over 70% of H-1B visa holders, is expected to be hit hardest by the move. Currently, around 300,000 (3 lakh) high-skilled Indian workers, mostly in the technology industry, are on H-1B visas in the US.
Trump said that the hike comes into effect from 12:01am on September 21.
What happens if Indian on H‑1B is currently outside but returns to US after deadline?
Trump has ordered that the Secretary of Homeland Security to restrict decisions on petitions not accompanied by a $100,000 payment for H-1B visa, for those who are currently outside the country, for a period of 12 months after the move comes into effect.
“The Secretary of Homeland Security shall restrict decisions on petitions not accompanied by a $100,000 payment for H-1B specialty occupation workers under section 101(a)(15)(H)(i)(b) of the INA, who are currently outside the United States, for 12 months following the effective date of this proclamation as set forth,” the order said.
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However, the rule applies only to new applicants, The New York Times has reported quoting an unnamed White House official.
Since the announcement, top tech companies in the US have cautioned their employees to stay in the US. In a note seen by Reuters, Amazon told its employees: “If you have H-1B status and are in the US, stay in the country for now.”
“No need to rush back”
Amid this chaos among techies, a US official told Hindustan Times that there is no need for Indians on H-1B to rush back.
"Indians on H1B visas do not need to rush back to America by Sunday or pay $100,000 to re-enter the country," the US official said, adding that that the hefty H-1B visa fee will apply “only to new visa petitions and not to renewals”.
Earlier, New York-based immigration attorney Cyrus Mehta cautioned in a post on X that H-1B visa holders who are out of the US on business or vacation “will get stranded” unless they get in before midnight September 21.
Also Read | H-1B visa fee announced by Trump: Exemptions, legal challenges, and other FAQs answered
"H-1B visa holders who are out of the US on business or vacation will get stranded unless they get in before midnight September 21. H-1Bs still in India may have already missed the deadline, as there is no way a direct flight from India will get in time,” Mehta wrote.
“There may still be a way for an H-1B visa holder who is in India to arrive in California before midnight September 21, 2025,” Mehta said.
