New H-1B visa fee won’t affect existing holders

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Introduction

A new annual fee of $100,000 for H-1B visas is set to take effect, but it will not impact current holders of valid visas returning to the U.S. This clarification comes from a White House official amidst confusion following President Trump’s recent executive order.

Key Details of the New Fee

Effective Date: The fee will be implemented starting at 12:01 a.m. ET on Sunday.
Applicability: The fee will only apply to new applicants and not to existing visa holders or those renewing their visas.

Confusion Among Legal Advisors

Following the executive order, some immigration lawyers interpreted the language to mean that the fee would apply to all H-1B visa holders, including those currently outside the U.S.
This led to panic among some legal advisors, who advised clients to return to the U.S. by Saturday to avoid being subjected to the new fee.

Impact on Major Employers

Major tech companies, such as Microsoft and Amazon, along with outsourcing firms like Cognizant, could face a substantial financial burden, potentially exceeding $1 billion annually due to the new fee structure.

Clarification from the White House

A White House official confirmed that the fee will not affect existing H-1B visa holders re-entering the U.S. after the effective date.
The fee will first be applied during the upcoming lottery cycle for new applicants.

Broader Context

The changes to the H-1B visa program are part of a larger immigration policy under President Trump, which aims to prioritize American workers.
There is a divide among Trump’s supporters regarding H-1B visas: some believe they undermine American jobs, while others argue they are essential for attracting top global talent.

Official Statement

White House spokeswoman Taylor Rogers stated that the fee is intended to discourage misuse of the H-1B system and protect American workers, while also providing clarity for businesses seeking to hire skilled workers.

Conclusion

As the new fee takes effect, it remains uncertain whether existing H-1B holders will face any complications when traveling after the deadline. The situation continues to evolve as more details emerge.

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