H-1B Visa Holders Urged to Return to the U.S. Amid New Fee Regulations

In a significant shift in immigration policy, President Donald Trump has announced a new proclamation that will impose a hefty fee of $100,000 on H-1B visa petitions. This decision has raised alarms among immigration attorneys and companies, particularly affecting Indian professionals who hold these visas. As the deadline for this new regulation approaches, many are urging H-1B visa holders currently outside the United States to return immediately to avoid being stranded.

New Regulations Set to Take Effect

The proclamation, signed by President Trump, will take effect at 12:01 AM on September 21, 2025. It stipulates that nonimmigrants working in “specialty occupations” must submit their H-1B petitions along with the new fee. This move is seen as part of a broader effort to tighten immigration policies, particularly those affecting skilled workers from countries like India, which has historically been a significant source of H-1B visa holders.

Cyrus Mehta, a prominent immigration attorney based in New York, emphasized the urgency of the situation. He stated that H-1B visa holders who are currently outside the U.S. for business or vacation could face severe consequences if they do not return before the deadline. “They will get stranded unless they get in before midnight September 21,” Mehta warned in a post on social media platform X.

Corporate Responses and Employee Concerns

In light of the impending changes, major companies are taking proactive measures to protect their employees. Microsoft, for instance, has circulated internal communications advising its H-1B visa holders and their dependents to avoid international travel and return to the U.S. as soon as possible. The tech giant has urged its employees to remain in the country for the “foreseeable future” to mitigate the risk of being denied reentry.

This caution extends to dependents of H-1B visa holders, who typically reside in the U.S. on H-4 visas. Although the new proclamation does not explicitly mention H-4 visa holders, companies are advising them to stay put to avoid complications.

The Broader Impact on Indian Professionals

The implications of this new policy are particularly pronounced for Indian professionals, who make up a significant portion of the H-1B visa workforce. David Bier, Director of Immigration Studies at the Cato Institute, highlighted the contributions of Indian H-1B workers to the U.S. economy. He noted that they have paid hundreds of billions in taxes and contributed trillions in services. Despite these contributions, Bier lamented the discriminatory treatment that Indian workers face within the U.S. immigration system.

“The laws mandate discriminatory treatment at every stage of the legal immigration process, particularly for Indians,” Bier stated. He pointed out that these workers are often barred from adjusting to permanent residency based solely on their country of origin. This has led to a unique set of challenges, including job advertisements that must be posted to other candidates, high fees, and restrictions on changing job sites or duties.

Historical Context and Comparisons

The H-1B visa program has been a focal point of immigration policy debates for decades. Established in 1990, the program was designed to allow U.S. companies to employ foreign workers in specialty occupations when qualified American workers are unavailable. Over the years, it has become a vital pathway for skilled professionals, particularly from India, to work in the U.S.

However, the program has also faced criticism and calls for reform. Critics argue that it has been exploited by some companies to undercut American wages and that it has contributed to a perception of foreign workers as job thieves. This narrative has been exacerbated by recent political rhetoric, which has painted H-1B visa holders in a negative light.

The Human Element

The emotional toll of these policies cannot be understated. Many H-1B visa holders have built their lives in the U.S., contributing to their communities and the economy. The prospect of being forced to leave or face uncertainty upon reentry is distressing for many families. Bier poignantly noted that the children of Indian workers, who arrived in the U.S. as young students, are now facing the possibility of being uprooted as they reach adulthood.

“The law tells them to leave when they reach adulthood or literally win the lottery to get to stay,” he said, highlighting the absurdity of a system that penalizes individuals for their birthplace.

Conclusion

As the September 21 deadline approaches, H-1B visa holders and their families are in a precarious position. The new fee requirement adds another layer of complexity to an already challenging immigration landscape. With companies like Microsoft advising their employees to return to the U.S. immediately, the urgency of the situation is palpable. The implications of this proclamation extend beyond individual visa holders; they reflect broader trends in U.S. immigration policy that continue to evolve amid political and economic pressures. As the nation grapples with these changes, the contributions of skilled workers, particularly from India, remain a vital part of the American story.