H-1B visas new rules: White House clarifies who'll be charged $100,000, says 'Not an annual fee'

White House Press Secretary Karoline Leavitt released a fact sheet on Saturday, clarifying key doubts on the new H-1B visa rules. Amid speculation on who exactly will be charged $100,000, Leavitt said, "This is not an annual fee" and that “this applies only to new visas, not renewals, and not current visa holders.”

US President Donald Trump signed a proclamation on Friday, imposing an annual fee of $100,000 on H-1B visa applications. The fee takes effect on Sunday. It is scheduled to expire after a year, but could be extended if the government determines that it is in the interest of the US to keep it.

H-1B: Who will be charged $100,000 fee?

The White House clarified that the new $100,000 fee on visas for skilled tech workers only applies to new applicants and not to current visa holders.

This means people who were selected in this year’s H-1B lottery and whose visas will become effective on 1 October would not have to pay this fee.

The White House, in a social media post, also sought to make clear the new rule “does not impact the ability of any current visa holder to travel to/from the US.”

Releasing a factsheet, Karoline Leavitt highlighted four points:

• This is not an annual fee. It’s a one-time fee that applies only to the petition.
• Those who already hold H-1B visas and are currently outside of the country will not be charged $100,000 to re-enter.

H-1B visa holders can leave and re-enter the country to the same extent as they normally would; whatever ability they have to do that is not impacted by yesterday’s proclamation.

• This applies only to new visas, not renewals, and not current visa holders.
• It will first apply in the next upcoming lottery cycle.

In a fact sheet, the White House said it would allow an H-1B visa application without the $100,000 fee on a case-by-case basis “if in the national interest.”

New H-1B visa policy

A White House statement on 19 September read, “President Donald J. Trump signed a Proclamation to restrict the entry into the United States of certain H-1B aliens as non-immigrant workers, requiring a $100,000 payment to accompany or supplement H-1B petitions for new applications to curb abuses that displace US workers and undermine national security.”

Trump’s latest plan to overhaul the American immigration system has left some immigrant workers confused.

H-1B visas allow companies to sponsor foreign workers with specialised skills — such as scientists, engineers, and computer programmers — to work in the US, initially for three years but extendable to six.

Big tech's advice to employees

Some companies including Microsoft, JPMorgan, and Amazon responded to the Friday announcement by advising employees holding H-1B visas to remain in the US, according to internal emails reviewed by Reuters.

A Goldman Sachs internal memo seen by Reuters on Saturday urged employees with such visas to exercise caution on international travel.

India reacts

India’s Ministry of External Affairs said Saturday that Trump’s plan “was being studied by all concerned, including by Indian industry.″

The ministry warned that “this measure is likely to have humanitarian consequences by way of the disruption caused for families. Government hopes that these disruptions can be addressed suitably by the US authorities.”

More than 70% of H-1B visa holders are from India.

Mint reported that the new order would increase visa fees from about $13.4 million to $1.34 billion if the five Indian IT companies were to bring a similar number — 13,396 people — to the US on H-1B visas in the future. Currently, a non-US worker on an H-1B Visa pays $215 and his employer contributes an additional $780 for the visa application.