Donald Trump's new executive order has caused shockwaves in the US tech sector and the Indian H-1B community by imposing a massive $100,000 fee on certain H-1B visa applications, raising wage levels, and prioritising high-paid talent. But as Financial Express reports, most of the panic is based on myths rather than the actual order.
Here's what the order actually states:
Every H-1B worker must now pay $100,000
The fee applies only to petitions for workers outside the U.S.. If you’re already on an H-1B visa and working in America, the fee does not directly hit you unless your employer files a new petition from abroad.
The White House order states: “Secretary of Homeland Security will restrict decisions on petitions not accompanied by a $100,000 payment for H-1B specialty occupation workers under section 101(a)(15)(H)(i)(b) of the INA, who are currently outside the United States.”
$100,000 fee is mandatory for all industries
The Department of Homeland Security can waive the $100,000 rule if it’s in the national interest, covering fields like defense, critical STEM research, or essential healthcare.
“The restriction… shall not apply… if the Secretary of Homeland Security determines… that the hiring of such aliens… is in the national interest and does not pose a threat to the security or welfare of the United States,” the order states.
However, the order does not revoke existing visas. It only applies to new petitions filed after September 21, 2025.
$100,000 is just an annual fee
Despite claims made at the Oval Office by Trump and Howard Lutnick, the order does not say this is an annual fee. It is limited to 12 months and will be reviewed later.
$100,000 fee is permanent
“No later than 30 days following the completion of the H-1B lottery… a recommendation on whether an extension or renewal… is in the interests of the United States,” White House order reads.
Companies can sidestep the rule with B-visas
The House's order directly addresses this loophole. The State Department will tighten rules to stop misuse of business/tourist visas for backdoor entry.
Workers must personally pay the $100,000 fee
The burden falls on employers, not individual applicants. Companies must show proof of payment before filing.
