Overview

• USCIS, CBP and the State Department say the fee applies only to new H‑1B petitions filed after Sept. 21, 2025, and does not affect existing visa holders, prior filings or routine renewals.
• Legal analyses note unanswered questions on what counts as a “new” petition, whether cap‑exempt filings are covered, how the $100,000 will be collected, and potential consular and travel risks.
• Public opinion is negative toward the policy, with a Data for Progress survey finding 50% of likely voters disapprove of the fee and 41% approve.
• Industry and political figures warn of harm to startups and research institutions, with Rep. Ro Khanna criticizing a blanket fee and calling for tailored reforms or exemptions.
• Countries including Germany, the U.K., Canada and China are moving to attract affected Indian STEM talent, while fact‑checkers note most medical residents use J‑1 visas rather than H‑1Bs.