Donald Trump's $100K H-1B visa fee: Everything you need to know, answered in 14 questions

Just hours after Donald Trump’s $100,000 H-1B visa rule sent shockwaves across the tech industry, confusion and fear are mounting among foreign workers — especially Indian techies — as more details emerge. While the fee is real and imminent, questions around travel restrictions, green cards, company obligations, and future policy changes remain unresolved.

We break down everything we know about the new H-1B landscape: 

What is the H-1B visa?

The H-1B is a U.S. non-immigrant visa that allows American employers to hire foreign workers in specialized fields like technology, engineering, medicine, finance, and academia. Most H-1B holders work for companies like Infosys, TCS, Google, Amazon, Microsoft, or Meta, often as software developers, engineers, or analysts.

What exactly is the new $100,000 rule?

Effective September 21, 2025, U.S. employers must pay $100,000 per H-1B petition involving the entry or re-entry of a foreign worker. The rule applies regardless of whether the worker is coming for the first time, returning after travel, or switching employers.

The rule functions as a de facto travel restriction: workers may not be allowed back into the U.S. unless their employers pay the fee.

Is this a law or just a proposal?

It’s already signed into law via Presidential Proclamation. This is not a bill in progress — it’s active U.S. immigration policy unless revoked or amended by Congress or a new administration.

Is the $100K fee a one-time or annual charge?

The language in the proclamation refers to it as a “payment” — not an annual or recurring fee. However, it does apply to every new entry or re-entry petition.

There’s no clarity yet on whether the fee is due every year for ongoing employees who don’t travel.
It’s also unclear if the fee applies during transfers between employers inside the U.S.

Until further regulatory guidance is issued, each new entry or re-entry seems to trigger the fee.

What happens if a worker travels outside the U.S.?

If an H-1B worker leaves the country after September 21, they cannot return unless their company pays another $100,000 — which most firms will refuse to do for non-critical staff.

That’s why Microsoft and other tech firms have issued internal advisories urging employees to remain in the U.S. and cancel any travel plans.

Who will companies still sponsor?

Only the most high-skilled, senior, or mission-critical employees. Entry-level and mid-level talent — even those already in the U.S. — may find themselves stuck with limited career mobility or no travel flexibility.

What about H-4 dependents (spouses and children)?

The proclamation doesn’t explicitly mention H-4 dependents, but companies are advising families to stay in the U.S. or return immediately if abroad. There’s concern that dependents could also be affected indirectly by their sponsor’s status.

What if an H-1B worker loses their job?

The 60-day grace period still applies — during which a worker can find a new sponsor, switch to another visa, or leave the U.S. However, any new sponsor must pay the $100,000 fee — a big deterrent for hiring laid-off workers, especially juniors.

Is this the end of green cards for H-1B workers?

Not officially, but chances are shrinking. With PERM labor certification becoming more scrutinized and green card queues already years-long, the path to permanent residency is now more uncertain.

What’s “Project Firewall”?

It’s a new enforcement blitz launched by the U.S. Department of Labor to:

• Penalize companies that misuse H-1B visas
• Audit suspicious petitions
• Share data across USCIS, DOJ, EEOC, and other agencies
• Enforce back-pay penalties, fines, and debarment from the program

The U.S. Secretary of Labor will personally approve all major H-1B investigations under this project — signaling elevated enforcement.

Why is the U.S. doing this?

The Trump administration argues that:

• H-1B visas have been used to undercut American wages
• Employers should be forced to hire American workers first
• Only the “best of the best” should be allowed under new rules

Who is most affected?

• Indian tech professionals, who make up over 70% of H-1B visa holders
• Indian IT giants like Infosys, TCS, Cognizant, Wipro, HCL, Tech Mahindra
• Mid-level H-1B employees in U.S. firms who don’t qualify for “high-skill” exemptions
• Even U.S. tech giants like Google, Meta, and Microsoft will rethink how many foreign workers they sponsor.

What’s this about “high-skilled and high-paid aliens”?

The proclamation promises future rules will prioritize:

• Workers with rare or advanced skills
• Very high compensation brackets
• Possibly a points-based system based on education, experience, or field of work
• There is no clarity yet on what thresholds will apply or how selection will happen.

Could this rule be reversed or modified?

Yes. The rule includes a clause mandating review no later than 30 days after the next H-1B lottery.

At that point, the Secretary of Labor and other officials will recommend to the President whether to:

• Continue the rule
• Modify it
• Repeal it
• But unless explicitly reversed, the $100,000 requirement stands from September 21 onward.