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US Clarifies $100,000 H‑1B Fee Will Apply Only to New Petitions

Officials say the one-time charge applies only to future filings starting in 2026, easing immediate travel fears for current H‑1B holders.

Overview

  • USCIS and the White House said the proclamation is prospective, excludes renewals and existing visas, and imposes a single payment on new petitions.
  • Confusion after Friday’s announcement caused travel disruptions, including a three-hour delay to an Emirates flight at San Francisco, before the clarification was issued.
  • Nasscom said uncertainty has eased and forecast only a marginal sector impact as Indian IT firms step up US hiring and skilling and have already reduced H‑1B reliance.
  • A Financial Times analysis cited by media estimated employer costs could reach roughly $14 billion a year, and lawyers say legal challenges are under consideration.
  • Indian nationals receive over 70% of H‑1B approvals, and New Delhi warned of humanitarian strain on families even as industry prepares mitigation plans.