The White House clarified on changes to H-1B visa rules that existing holders can re-enter the U.S. normally after leaving. The new $100,000 fee will apply only to new visa applicants, not existing employees.
H-1B Visa: The U.S. recently made some significant changes to H-1B visa rules, causing a stir among foreign workers and employers. This visa is primarily used to bring in skilled workers in the technology sector, financial companies, and consulting firms. The new announcement and the associated $100,000 fee have raised many questions regarding the job market and the immigration process.
White House's Message
White House Press Secretary Carolyn Leavitt clarified in a post on X that existing H-1B visa holders can re-enter the U.S. normally after leaving. She stated that the recently announced $100,000 fee would apply only to new H-1B lottery applicants. This fee will not apply to existing visa holders or their renewal.
Leavitt further wrote that this is not an annual fee but a one-time fee that applies only to new petitions. H-1B visa holders can travel outside the U.S. and re-enter according to normal procedures.
U.S. Chamber of Commerce's Concern
The U.S. Chamber of Commerce has expressed concern over this change. The Chamber stated that the H-1B program is extremely important for the U.S. as it is a key channel for bringing in skilled foreign workers. They warned that this new rule could negatively impact employees, their families, and employers.
The Chamber of Commerce stated in its declaration that they are working with the administration and their members to understand the full implications of this rule and the best course of action.
Deadline and Impact
The deadline for U.S. President Donald Trump's new H-1B visa announcement expired at 12:01 AM on September 21. Kathleen Campbell Walker, an attorney at Dickinson Wright in El Paso, Texas, described this rule as creating "chaos with only a day's notice in the existing H-1B process."
This new rule will remain in effect for one year unless extended or renewed. Its primary impact will be on H-1B holders outside the U.S. Their entry will be deferred until a national interest exception is approved by the Secretary of Homeland Security or the employer pays the $100,000 fee.
The $100,000 fee will apply only to new H-1B visa applicants. It will not apply to existing visa holders and their renewals. The White House clarified that this is a one-time fee, not an annual one. Its purpose is solely to ensure a financial contribution for new petitions.
Perspective of Tech Companies and Foreign Workers
The new H-1B policies have increased concern among tech companies and foreign workers. U.S. technology firms, financial institutions, and consulting firms suggest this rule could affect employee availability and the recruitment process. Many companies have stated that it could impact project timelines and operations.
