White House: new H-1B fee will not hit existing visa holders

TL;DR:

The White House clarified the new $100,000 H-1B fee does not apply to existing holders.
Clarification eased concern in India’s IT industry on Sept 22, 2025.
USCIS guidance points to new petitions after Sept 21, 2025.
Markets still expect legal tests and more specifics.
Employers should map new filings and travel plans now.

A White House clarification eased a core fear for current H-1B workers. Existing H-1B visa holders will not be charged the newly announced $100,000 fee, according to statements cited by PBS and industry reactions on September 22, 2025. The clarification comes as agencies publish FAQs that steer implementation.

USCIS guidance says the $100,000 payment must accompany any new H-1B petitions submitted after 12:01 a.m. Eastern on September 21, 2025, including the 2026 cap lottery and other filings after that time. The agency also notes coordination across Homeland Security and State to carry out the proclamation.

India’s IT industry group Nasscom said the update removes immediate uncertainty. It expects only a marginal near-term impact because many firms already reduced dependence on the visa and boosted U.S. hiring. The group still called the fee prohibitively high for new use. Reuters reported the reaction and the sector’s continued focus on local hiring and upskilling.

What this means for workers and employers

Current H-1B holders. Renewals and reentry for those who already hold H-1B status are not covered by the new fee under the White House clarification. That reduces risk of sudden travel costs for employees currently abroad.
New petitions. Cap filings, changes of employer, and new hires after the effective time trigger the payment. Companies should budget scenarios by role and location.
Travel guidance. Large employers issued advisories after the proclamation, asking workers to remain in or return to the U.S. while details settled. That advice is easing as clarifications arrive, but case-by-case review remains wise.

Timeline and open questions

The proclamation was issued on September 19, 2025. Agencies are updating public FAQs and may publish interim rules or internal memos that explain processing. Courts could still review whether an executive action can set a fee of this scale without Congress. Those legal steps will shape how quickly costs flow into labor budgets.

Quick checklist for HR and mobility teams

Inventory all planned new H-1B filings through 2026.
Flag any employees planning travel and confirm status.
Model costs for roles that would require new petitions.
Prepare internal FAQs and manager scripts.
Track agency updates and any court orders.

Why it matters

Policy clarity lowers panic and helps firms plan. The fee, if applied to new filings only, still raises costs on future hires. That may shift staffing toward green cards, cap-exempt research roles, or more domestic recruiting in the United States. Investors and workers should watch the next round of agency guidance and court actions.

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