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White House Clarifies $100,000 H-1B Fee Applies Only to New Petitions

The proclamation also orders agencies to favor higher‑paid applicants in future selections.

Overview

  • USCIS and the White House said the one‑time charge is limited to fresh H‑1B filings, leaving current visa holders and renewals unaffected and normal travel in place.
  • The policy took effect Sunday after a chaotic weekend in which tech firms and banks told employees to stay in the US or return quickly before officials issued clarifications.
  • Analysts estimate the cost to employers could reach roughly $14 billion a year based on recent volumes, with startups and smaller companies seen as most exposed.
  • India, whose nationals account for about 71% of H‑1B beneficiaries, criticized the move as likely to cause humanitarian disruptions for families and urged US authorities to mitigate the impact.
  • Companies and experts predict hiring shifts including more offshoring, automation and moves to alternative hubs such as Canada, the UK, India and the Gulf, while industry groups weigh legal challenges to the fee and related rulemaking on wages.