· Green Card & Immigration & Visa News · 3 min read
US H-1B Visa Overhaul | H-1B Visa Changes - FAQ
The new executive order concerning H-1B visas has introduced a mandatory $100,000 payment, but its scope and implementation remain unclear and inconsistent across agencies.
US H-1B Visa Overhaul | H-1B Visa Changes - FAQ
Trump signed an executive order imposing a $100,000 fee on new H-1B applications. However, the administration announced that current visa holders would not be affected by this change. But the wording in the documents is not entirely clear, and many questions remain unanswered.
FAQ
Is this a one-time payment?
These statements emphasize that the $100,000 fee is not an annual fee, but a one-time payment.
Will current H-1B visa holders be affected?
It was stated that those with H-1B visas will be able to enter and exit the country and will not be affected by this regulation.
Are L-2 visas affected?
No, only H-1B is affected.
Are extension applications affected?
Most likely no, since they are not considered new applications.
Are transfers (employer change) affected?
Unclear. Attorneys say “probably not,” but there is no certainty.
Is a change of status (e.g., F-1 → H-1B) affected?
Uncertain. USCIS has not issued guidance yet.
Are cap-exempt H-1Bs (universities, research institutions) affected?
Yes, for new applications filed after September 21, the $100,000 rule may apply.
Are H-4 visas (spouse & children) affected?
No, if the H-1B holder’s status is secure, the H-4 remains unaffected.
What about OPT students?
- Selected in the 2025 lottery → safe.
- 2026 lottery and beyond → likely affected.
Are H-1B holders traveling abroad at risk when re-entering?
No risk for those with approved visas. For new applicants, the situation is uncertain.
What about previously approved but unused H-1Bs?
They would need to reapply → most likely subject to the $100,000 rule.
Are PERM / I-140 processes affected?
Not directly, but indirect effects (e.g., wage calculations) may occur.
How long is the rule valid?
Currently 1 year (until September 20, 2026). Extension is likely.
Can a court or administration change overturn this rule?
Yes, it could be struck down or suspended.
What is an H-1 Visa?
The H-1B visa is a temporary visa that allows professionals with advanced academic training in a specific field or at least 12 years of experience to live and work in the United States. The United States uses this visa to attract highly skilled foreign workers to the country. This visa is particularly aimed at professionals such as software engineers, data analysts, finance experts, and academics. It receives hundreds of thousands of applications each year, the majority of which are submitted by tech giants.
Currently, approximately 85,000 H-1B visas are issued each year. Of these visas, 65,000 are allocated to general applications, while the remaining 20,000 are reserved for individuals with advanced degrees. Application fees, which previously cost a few thousand dollars, must now be paid annually for each application under the new rules.
This change, a reflection of the “America First” rhetoric, forces technology companies to raise salaries while also creating a significant cost for them. In this process, only “high value-added” talent will be accepted into the country, American workers will be given priority, and others will be left out.
However, this policy may also have negative consequences. Highly qualified individuals may turn to countries such as Canada, Germany, Singapore, or China, which offer more flexible immigration policies. This situation could damage the US’s global appeal for talent.
On the other hand, visa types such as the “Gold Card” and “Platinum Card” offer wealthy foreigners quick residency and tax advantages in exchange for investment or donations. Thus, while obtaining a Green Card becomes nearly impossible for a professional pursuing a career on an H-1B visa, the doors will be wide open for those with wealth.
