The US government has acknowledged that all fresh H-1B visa petitions filed from September 21 onwards, including those for the FY2026 lottery, will carry a USD 100,000 charge, as announced in a statement made by President Donald Trump.
In a 'H-1B FAQ' published on Sunday, US Citizenship and Immigration Services (USCIS) termed the September 19 proclamation as an "important, initial, and incremental step" to reform the H-1B visa programme to stem abuse and protect American workers.
The FAQ states that the announcement "calls for a $100,000 fee to accompany any new H-1B visa applications filed after 12:01 am eastern daylight time, September 21, 2025." The requirement applies to the 2026 lottery and for any other new H-1B filings submitted after that date.
Earlier, USCIS had announced on Saturday that the fee would be applicable only on fresh petitions which had yet not been filed but had not specified the exact effective date and time.
A White House official informed PTI that the $100,000 fee will "first apply in the next upcoming lottery cycle." The fee is a one-time payment applicable at the time of filing a new H-1B petition.
USCIS also clarified that this payment does not include petitions filed prior to 12:01 am on September 21, prior H-1B visas issued, renewal petitions, or re-entry H-1B holders of the United States.
The proclamation also authorizes the Department of Homeland Security (DHS) and the Department of State (DOS) to coordinate measures for the implementation of the policy, the FAQ added.
Other reforms mentioned in the proclamation are a Department of Labor proposed rule for adjusting and raising prevailing wage rates with the purpose of improving the H-1B program and making sure that it is used only to employ "only the best of the best" temporary foreign workers.
The reforms also cover a DHS rulemaking to prioritize in the H-1B lottery process high-paid, high-skilled workers.
The State Department has released guidelines to the consular posts in line with USCIS and US Customs and Border Protection policies.
After the order issued by Trump on Friday, authorities made it clear that the USD 100,000 fee will only go to new petitions and not to existing visa holders, bringing relief to thousands of professionals, including many Indians, fearing the effect of the rule.
Commerce Secretary Howard Lutnick, referring to the fee, stated, "renewals, first times, the company needs to make a decision. Is that person worth enough to have $100,000 a year payment to the government, or they should go home and they should go hire an American?"
The first registration period for the FY2027 H-1B cap is scheduled to open sometime in March next year.
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