US again clarifies Trump's H-1B proclamation, says existing visa holders not impacted

Washington, DC [US], September 22 (ANI): The US State Department on Sunday (local time) has offered more clarity on President Donald Trump’s H-1B visa proclamation, which has triggered panic across the tech industry and among Indian professionals living in America on the visa.

The department debunked several false claims circulating after Trump signed the order last week. The US State Department stressed that the new H-1B rules “do not apply to any previously issued H-1B visas, or any petitions submitted prior to 12:01 am Eastern Daylight Time on September 21, 2025.”

Clarifying further, the State Department said the new fee requirement applies only to individuals or companies filing fresh H-1B petitions or entering the lottery system after September 21. Current visa holders and petitions submitted before that date remain unaffected.

Under the proclamation, a $100,000 payment must accompany every new H-1B visa petition filed after the deadline, including entries in the 2026 lottery. The order also authorises the Department of Homeland Security and the State Department to coordinate all necessary measures for implementation.

Guidance has already been issued by the US Citizenship and Immigration Services, US Customs and Border Protection, and the Department of State to ensure consistent enforcement across agencies, as per the statement issued by the Department of State.

The statement also emphasised that the proclamation does not alter fees for H-1B renewals and does not restrict existing visa holders from travelling in and out of the United States.

Looking ahead, the US administration plans additional reforms to the programme.

These include a Department of Labour rulemaking to raise prevailing wage levels and a Department of Homeland Security initiative to prioritise high-paid, high-skilled applicants in the H-1B lottery over lower-wage candidates.

Additional changes are under consideration and expected to be announced in the coming months, the State Department confirmed.

Earlier speaking to ANI, a senior US Administration official said that individuals currently holding H-1B visas, including those visiting India or abroad, don’t need to rush back to the US before Sunday or pay the steep $100,000 fee.

“Those who are visiting or leaving the country, or visiting India, don’t need to rush back before Sunday or pay the $100,000 fee. $100,000 is only for new and not current existing holders,” the official told ANI.

Earlier, the US Citizenship and Immigration Services (USCIS) clarified that the USD 100,000 fee on H-1B visa applications will only apply to the new applicants and not to the petitions submitted prior to September 21.

“This proclamation only applies prospectively to petitions that have not yet been filed. The proclamation does not apply to aliens who: are the beneficiaries of petitions that were filed prior to the effective date of the proclamation, are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B non-immigrant visas,” Joseph B Edlow, Director of USCIS, clarified in a memorandum on Saturday (local time).

White House Press Secretary Karoline Leavitt also confirmed the same. She also stated that the USD 100,000 fee on the H-1B visa application is a one-time fee, clarifying the misconception that it is an annual fee.

“To be clear: This is NOT an annual fee. It’s a one-time fee that applies only to the petition. This applies only to new visas, not renewals, and not current visa holders,” Karoline Leavitt said in a post on X.

She also informed that the fee will not be charged on H-1B visa holders who are currently outside of the country.

“Those who already hold H-1B visas and are currently outside of the country right now 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,” she said

She further said that the fee hike on H-1B visas will be applied in the upcoming lottery cycle. (ANI)

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