Follow-Up on the $100,000 Fee for H1B Workers Abroad

Following our earlier NewsFlash, new statements from the White House and additional reporting provide some clarification on the new $100,000 fee affecting H1B workers abroad. However, key details remain uncertain, and we will continue to provide analysis as more information becomes available.

Effective Date and Scope of the Fee

The proclamation signed by President Trump imposes a $100,000 fee on certain H1B petitions, effective September 21, 2025. Early reporting suggested the fee might apply broadly, including to existing visa holders.

White House Clarification

On 20.Sep.2025, White House Press Secretary Karoline Leavitt clarified that the new fee applies only to new H1B petitions and not to current visa holders. She also emphasized that this is a one-time fee rather than an annual charge. This clarification was shared on her official account and reported by Business Insider.

Confusion Over the Proclamation Text

Despite the White House statement, the text of the proclamation reportedly did not clearly exclude renewals or existing H1B holders. As Politico reported, this mismatch between the proclamation and later clarifications has led to ongoing uncertainty among employers and workers. Some companies have urged employees abroad to return before the effective date as a precautionary measure.

Implementation Questions

It remains unclear how the $100,000 fee will be collected or enforced. Questions remain as to whether USCIS, the Department of State, or both agencies will be responsible. The proclamation does include a provision allowing the Secretary of Homeland Security to waive the fee in cases deemed to be in the national interest, but no guidance has been issued on how or when such waivers might apply.

International Response

The fee has already sparked reactions from foreign governments. For example, India has expressed concern that the policy could disrupt families and affect the mobility of skilled professionals.

Conclusion

While the White House has stated that the $100,000 fee applies only to new H1B petitions, the language of the proclamation and the absence of implementing guidance leave significant uncertainties. For now, it appears that current H1B holders, whether in the United States or abroad, are not subject to the new fee. Employers and workers should remain cautious and watch for formal guidance from USCIS, the Department of State, and the Department of Homeland Security. The Murthy Law Firm will continue to monitor developments and provide further updates as reliable information becomes available.

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