Washington DC: Confusion has gripped Indian professionals and immigration lawyers after President Donald Trump signed a proclamation raising H-1B visa fees. Discrepancies between commerce secretary Howard Lutnick’s remarks and the executive order’s text have fueled uncertainty.
At a White House briefing, Lutnick said companies would need to pay $100,000 per H-1B employee annually. However, the proclamation only mentions a $100,000 payment per petition, without specifying recurrence. “As written, the Proclamation requires a one-time petition fee, not annual,” explained Henry Lindpere, senior counsel at Manifest Law.
Questions also surround renewals. Lutnick suggested the fee would apply to extensions, but U.S. officials told HT it applies only to new applications. Immigration lawyers remain unsure how the government plans to collect the fee, as no payment mechanism has been clarified by USCIS or other agencies.
The uncertainty sparked panic among Indian H-1B holders abroad, some rushing back to the U.S. before the order took effect. However, officials later clarified that returning by September 21 was unnecessary.
The proclamation also mandates a 30-day review after the next H-1B lottery to assess its “national interest.” Experts expect lawsuits challenging the legality of the fee hike, leaving its long-term fate uncertain.
