Overview

• The fee took effect at 12:01 a.m. ET on Sept. 21 and applies only to new H‑1B petitions, not renewals or current visa holders, according to official guidance.
• Officials said national‑interest exemptions may be granted case by case, and the Labor and Homeland Security departments were directed to issue joint guidance on verification, enforcement and penalties.
• Major employers urged staff not to travel while details were clarified, and a San Francisco–Dubai flight was delayed after passengers requested to disembark over visa concerns, according to reports.
• Analysts estimate U.S. employers could face roughly $14 billion in annual costs at recent application volumes, with tech companies and startups most exposed.
• Legal experts question the administration’s authority to levy a charge far beyond cost recovery and expect court challenges, while Indian nationals—who account for about 70–75% of H‑1B recipients—are seen as disproportionately affected.