‘There is no need to rush back’: US Official Clarifies H-1B Visa Rules, Eases Panic

Chaotic scenes unfolded at airports and panic spread through the Indian tech community in the United States following a shocking new proclamation on H-1B visas. To allay public concerns about an impending deadline, a senior US official has now intervened to clarify the regulations and call for composure.

What Sparked the Panic?

The confusion began after former US President Donald Trump signed a proclamation titled ‘Restriction on Entry of Certain Nonimmigrant Workers’. The order announced a new, hefty annual fee of $100,000 for US companies on each H-1B visa worker they hire. Claiming that the visa program had been "misused to replace American workers with lower-paid, lower-skilled labor," this action was presented as a way to save American jobs.

The announcement sent shockwaves through the Indian community, which constitutes a staggering 70% of all H-1B visa holders. The panic was amplified by internal notices from major tech firms like Microsoft, Amazon, Meta, and JP Morgan. 

These businesses urged their employees on H-1B and dependent H-4 visas to stay in the United States, as if they were taking the declaration literally. They strongly urged those who were abroad to return before a deadline of September 21, 12:01 am EDT.

Airport Chaos and Viral Reactions

The fear of being locked out of the US led to dramatic scenes. Minutes before takeoff on an Emirates flight from San Francisco International Airport (SFO) to India, passengers reportedly begged to disembark in a now-viral event. An X user posted, "An international flight packed with Indians... had completed boarding & was due to leave SFO Airport, when the news about H1 B visa new rules just broke out. Indians aboard panicked, pleaded to get off the plane." Videos purportedly showed the chaotic aftermath, though they could not be independently verified by Hindustan Times.

The Official Clarification: What Does It Really Mean?

"Indians with H1B visas do not need to rush back to America by Sunday or pay $100,000 to re-enter the nation," a US official made clear to Hindustan Times amid the chaos.This directly counters the fear that individuals themselves would need to pay a massive fee at the border.

The official specified two critical points that change everything:

• The fee applies to companies, not employees. The $100,000 charge is an annual fee levied on US firms filing new H-1B visa petitions for foreign workers.
• It only affects new applications, not renewals. The official clarified that the hefty fee will apply “ONLY to new visa petitions and not to renewals.”
• This means current H-1B visa holders outside the US are not subject to this new fee upon their re-entry. Their status and renewal processes remain governed by the existing rules and fees.

Who is Actually Affected by the New H-1B Visa Fee?

The new rule specifically targets US companies seeking to hire new foreign talent on H-1B visas. Its goal is to deter companies from using the program to replace American workers by making it financially prohibitive. The previous H-1B visa filing fee for companies varied but typically started at $215 plus an additional $750, potentially exceeding $5,000 in some cases. The enormous increase of $100,000 is intended to drastically reduce the number of new petitions.

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A Community Breathes a Sigh of Relief

For the vast majority of Indian tech professionals already working in the US, this clarification is a massive relief. It alleviates the immediate anxiety of being stranded outside the country and facing exorbitant costs. The enormous increase of $100,000 is intended to drastically reduce the number of new petitions.