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The actual proclamation [1] is very narrow: a $100k surcharge on new H-1B petitions for workers outside the US. It’s a one-time hit tied to the petition. It doe
by nelox 1y ago
The actual proclamation [1] is very narrow: a $100k surcharge on new H-1B petitions for workers outside the US. It’s a one-time hit tied to the petition. It does not say “annual.” It does not drag in renewals or transfers for people already in status.
Boundless is technically right that a $100k fee exists, but the piece glosses over the narrow scope and leans into speculation. It frames the fee like an ongoing tax on every H-1B, which just isn’t what the proclamation says. The difference matters: a one-time petition fee is brutal enough, but calling it annual misstates the policy and inflates the impact.
[1] https://www.whitehouse.gov/presidential-actions/2025/09/restriction-on-entry-of-certain-nonimmigrant-workers/ https://www.whitehouse.gov/presidential-actions/2025/09/rest...
- nimih 1y agoYou may want to read the section on enforcement: > Section 1. Restriction on Entry. (a) Pursuant to sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(f) and 1185(a), the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA, 8 U.S.C. 1101(a)(15)(H)(i)(b), is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000 — subject to the exceptions set forth in subsection (c) of this section. This restriction shall expire, absent extension, 12 months after the effective date of this proclamation, which shall be 12:01 a.m. eastern daylight time on September 21, 2025.
- aesbetic 1y agoI don't see your point, the section describes a restriction on "entry into the United States". Most H1b visa holders are already in the US so this doesn't apply to them.
- bpye 1y agoExcept lots of people travel outside of the US for tourism, business, to see family, due to family emergencies, or - critically for H1Bs - to renew their visa.
- bolasanibk 1y agoAny idea what is considered a petition? New h1b? Transfer? Extension?
- nimih 1y agoIt's the thing you do to apply for the visa. You may worry that, because there is no language in this section specifying which visas this travel restriction applies to (newly issued/renewed, etc), and because of the inclusion of the word "supplemented," that this travel restriction applies broadly to all issued H1-B visas. And, well, the immigration lawyers at Microsoft[1] seem to share that worry. [1] https://economictimes.indiatimes.com/nri/work/microsoft-urges-h-1b-visa-holders-to-stay-in-us-for-foreseeable-future-after-trump-announces-100000-visa-fee/articleshow/124009637.cms https://economictimes.indiatimes.com/nri/work/microsoft-urge...
- digianarchist 1y agoAP is reporting the amount as an annual fee https://apnews.com/article/h1b-visa-trump-immigration-8d39699d0b2de3d90936f8076357254e https://apnews.com/article/h1b-visa-trump-immigration-8d3969... Reuters https://www.reuters.com/business/media-telecom/trump-mulls-adding-new-100000-fee-h-1b-visas-bloomberg-news-reports-2025-09-19/ https://www.reuters.com/business/media-telecom/trump-mulls-a...
- digianarchist 1y agoThis was clarified today as not being correct. > Lutnick also repeatedly said on Friday that the fee would be annual for companies, while the White House official said Saturday that it’s a “one-time fee that applies only to the petition.” > In her Saturday afternoon post, Leavitt clarified that the payment would only be a “one-time fee” — not an annual one. https://www.politico.com/news/2025/09/20/donald-trump-h1b-visas-overhaul-00574345 https://www.politico.com/news/2025/09/20/donald-trump-h1b-vi...
- mar0ux 1y agoIt's not just for new petitions, it's a requirement for _entry_ into the US. So, someone on an _existing_ H1, just traveling out of the country means you need to pay $100K to re-enter the US.