- Dataneb Team
- Sep 20
- 6 min read
Updated: 3 days ago
As of September 20, 2025, The H1B 100k executive order has created huge confusion in the last 24 hours. Many people are worried about what it really means and how it will affect H1B visa holders.
The order itself was signed by President Donald Trump, and you can read the original White House document here.
Normally, the cost of filing an H1B visa is a few thousand dollars, usually between US$2,000 and US$8,000. This includes the basic petition fee, training fee, fraud prevention fee, and sometimes an extra fee for premium processing. Please see the table below for the detailed breakdown:
Fee Type | Amount |
Registration Fee | $215 — for entering the lottery registration. |
Base Filing Fee (Form I-129) | $780 if employer has 26+ full-time employees; $460 for small employers / non-profits. |
ACWIA Training Fee | $750 (if 1-25 employees) or $1,500 (if 26+). |
Fraud Prevention & Detection | $500. |
Public Law 114-113 Fee | $4,000 (if employer has many H1B/L1 workers). |
Asylum Program Fee | $600 for larger employers; $300 for small ones; exempt for nonprofits in some cases. |
Premium Processing (optional) | $2,805 — speeds up processing (15 days). |
But after this news broke, people started saying the cost has gone up by $100,000. Some even thought it means $100,000 every year for each visa. This sounded like a shocking increase of thousands of percent compared to the current cost.
Part of the panic came from a statement by Howard Nutlick, who mentioned “a hundred thousand dollars a year” at the 1:15 mark in this video. That one line spread quickly on social media, including this viral post on X, and made the situation even more confusing.
Reference: The New York Post
Within hours, WhatsApp groups, online forums, and social media were full of worried messages. Some H1B workers even rushed to fly back from India, fearing they might not be allowed to return later. Flight prices doubled over the weekend as panic spread.
Microsoft urged its employees to return to the US by Sunday following Trump's executive order on H1B visas affecting several individuals. Many other companies also emailed their foreign employees with the same request.
The H1B 100k executive order would have the biggest impact on large tech and consulting companies, since they file the highest number of H1B petitions each year. Companies like Amazon, Infosys, Cognizant, Google, TCS, Meta, Microsoft, and Apple together account for tens of thousands of H1B workers annually.
A $100,000 fee per petition would add billions in costs, forcing these firms to rethink hiring strategies, shift roles overseas, or cut back on future H1B sponsorships.
Company | Approx # of H-1B Visa Beneficiaries / Approvals (recent data) |
|---|---|
Amazon | ~ 9,265 |
Infosys | ~ 8,140 |
Cognizant | ~ 6,321 |
~ 5,364 | |
Tata Consultancy Services (TCS) | ~ 5,274 |
Meta Platforms | ~ 4,844 |
Microsoft | ~ 4,725 |
Apple | ~ 3,873 |
In this blog, we will explain what the H1B 100k executive order really says, what people misunderstood, and what the real impact is for H1B visa holders.
Clearing the Confusion
The panic around the H1B 100k executive order finally started to calm down when Karoline Leavitt, Assistant to the President and the 36th White House Press Secretary, made an official clarification. You can see her announcement on her official X account.
She made three important points very clear:
It is not an annual fee. The $100,000 charge is a one-time fee that applies only when a new H-1B petition is filed.
Current H-1B holders will not be charged. If you already have an H-1B visa and are outside the U.S. right now, you do not need to pay $100,000 to re-enter. Your normal travel and re-entry rights stay the same.
It applies only to new visas. The fee will apply starting with the next H-1B lottery cycle. It does not affect renewals or people who already hold valid H-1B visas.
This official clarification helped stop a lot of the panic, especially for people who thought they might get charged every year, or for simply re-entering the US.
USCIS Clarification
The next big update came directly from USCIS (U.S. Citizenship and Immigration Services). They confirmed that President Trump’s new H1B visa requirement under the H1B 100k executive order applies only to new, prospective petitions that have not yet been filed.
This means that any H1B petitions submitted before September 21, 2025 are not affected by the $100,000 fee. So, if your petition was already filed, you don’t need to worry about this new rule.
USCIS repeated this point in an official post on X and also released a formal document to make sure employers and workers understood the details.
This second clarification helped calm fears even more, especially for those who thought their already-submitted petitions might suddenly become invalid or cost a lot more.
USCIS Newsroom
On Friday, Sept. 19, 2025, the USCIS newsroom also published a clarification about President Donald J. Trump signing a proclamation called “Restriction on Entry of Certain Nonimmigrant Workers”. This is an early step to change the H-1B visa program, with the goal of stopping misuse and protecting U.S. workers.
What the Proclamation Does
Starting Sept. 21, 2025 at 12:01 a.m. (EDT), every new H-1B petition (including the 2026 lottery) must include a $100,000 payment.
The Department of Homeland Security (DHS) and the Department of State are responsible for carrying out these rules. Guidance has already been issued by USCIS, Customs and Border Protection (CBP), and the State Department.
What It Does NOT Do
It does not affect H-1B visas that were already issued, or petitions filed before Sept. 21, 2025.
It does not change fees for H-1B renewals. The new $100,000 fee only applies to new petitions.
Current H-1B holders can still travel in and out of the U.S. as usual.
What’s Coming Next
The Department of Labor will propose new rules to raise the required wage levels, so H-1B workers are truly high-skilled and highly paid.
The Department of Homeland Security will propose changes to the H-1B lottery to favor higher-skilled, higher-paid applicants.
CBP Statement
Finally, CBP (U.S. Customs and Border Protection) also stepped in to clear the air. In an official post on X, they wrote:
Let’s set the record straight: President Trump’s updated H-1B visa requirement applies only to new, prospective petitions that have not yet been filed. Petitions submitted prior to September 21, 2025 are not affected. Any reports claiming otherwise are flat-out wrong and should be ignored.
This strong statement from CBP backed up what both the White House Press Secretary and USCIS had already clarified. Together, these official updates made it clear that the H1B 100k executive order only impacts future petitions, not current visa holders or already filed cases.
Conclusion
The past 24 hours have been full of panic, rumors, and confusion about the H1B 100k executive order. Many thought it meant H1B holders would suddenly have to pay $100,000 every year, or even just to re-enter the U.S. But now the facts are clear:
The $100,000 fee is a one-time charge for new petitions only.
Current H1B holders and renewals are not affected.
Petitions filed before September 21, 2025 stay valid and will not face the new fee.
Official statements from the White House Press Secretary, USCIS, and CBP all confirm the same thing. So while the fee is still a big change for future applicants, it is not the nightmare scenario that many feared at first.
For now, H1B visa holders can continue their plans without worrying about surprise re-entry fees or retroactive costs. Going forward, employers and applicants will need to prepare for the higher expense in the next lottery cycle, but at least the confusion is cleared.
FAQs on the H1B 100K Executive Order
Is the $100,000 H1B fee an annual fee?
No. The $100K fee under the H1B 100k executive order is a one-time fee that applies only when filing a new petition, I-129. It is not charged every year.
Does the $100K fee apply to current H1B holders?
No. If you already have an H1B visa, you will not be charged $100,000 to keep working or to re-enter the U.S.
Does this apply to H1B renewals?
No. The fee only applies to new petitions filed in the upcoming lottery cycle. Renewals and extensions are not affected.
What about petitions already filed before the order?
Petitions submitted before September 21, 2025 are not impacted by the new fee.
When will the $100K fee actually start?
It will take effect starting with the next H1B lottery cycle for new applicants.
_edited_edited.png)
