H-1B Visa Update: Key Clarifications on New Proclamation and Fee Structure for Existing Holders
US Clarifies H-1B Visa Proclamation Amid Industry Concerns
Washington, DC, September 22 — In a move aimed at alleviating fears within the tech industry and among Indian professionals, the US State Department has clarified the implications of President Donald Trump’s recent H-1B visa proclamation. The announcement, which had sparked widespread panic, confirmed that existing H-1B visa holders will not be affected by the new rules.
The State Department emphasized that the updated regulations, which include a hefty $100,000 fee for new applicants, will only apply to petitions submitted after 12:01 AM Eastern Daylight Time on September 21, 2025. Current visa holders and any petitions filed prior to this date remain unaffected.
"This proclamation only applies prospectively to petitions that have not yet been filed," stated Joseph B. Edlow, Director of USCIS, in a memorandum. The new fee requirement is aimed at individuals or companies filing fresh H-1B petitions or entering the lottery system after the specified date.
In a bid to ensure consistent enforcement, guidance has been issued by various agencies, including the US Citizenship and Immigration Services and the Department of Homeland Security. The proclamation does not alter fees for H-1B renewals and does not restrict existing visa holders from traveling in and out of the United States.
Looking ahead, the US administration is considering further reforms to the H-1B program, including raising prevailing wage levels and prioritizing high-paid, high-skilled applicants in the lottery system. These changes are expected to be announced in the coming months.
A senior US Administration official reassured current H-1B visa holders, stating, "Those who are visiting or leaving the country don’t need to rush back before Sunday or pay the $100,000 fee." This sentiment was echoed by White House Press Secretary Karoline Leavitt, who clarified that the fee is a one-time charge applicable only to new petitions.
As the tech industry grapples with these changes, the Indian Embassy in the US has set up an emergency helpline to assist those affected by the new regulations. The situation remains fluid, and stakeholders are urged to stay informed as further updates are anticipated.
For now, existing H-1B visa holders can breathe a sigh of relief, knowing that their status remains intact amidst the evolving landscape of US immigration policy.
