New H-1B rules cause confusion: White House: Only applies to first-time applicants; no urgent need for H-1B holders abroad to return to the US

On the 19th, the Trump administration announced a $100,000 fee for H-1B work visa applications, effective the 21st. Vague details sparked confusion, but the White House clarified on the 20th that the new measure only applies to first-time applicants and will not affect re-entry or renewals for existing H-1B holders.

Politico reported that Trump’s announcement of the new H-1B visa policy on the 19th sparked confusion, with businesses and immigration lawyers warning H-1B visa holders abroad to return to the US before the new policy took effect at midnight on the 21st. The resulting chaos forced H-1B visa holders to temporarily change plans to visit family or attend meetings, while those abroad also rushed to return to the US before the 21st.

After the new H-1B policy was announced, some tech companies immediately required their H-1B employees to return to the US by the 20th and not leave the country again after entering.

On the evening of the 19th, immigration lawyer Douglas Russo published a post on LinkedIn, a professional social networking platform, which sparked heated discussion and was widely shared. He wrote, “I hate to say this, but if you are an H-1B worker outside the United States and already hold an H-1B visa, the safest course of action is to enter the country before the 21st.”

In response, the White House clarified on the 20th that corporate lawyers and “other interested parties have been fabricating a large amount of false information about this announcement,” emphasizing that the new measures do not apply to anyone who already holds a visa and only affect applicants from outside the United States who enter the lottery within the next two months.

Anonymous White House officials discussing the policy noted that the wording in the announcement, “Foreign applicants will need to attach or remit a $100,000 fee,” meant that only new foreign applicants would be required to pay this fee.

The White House posted on Platform X that “this does not apply to anyone participating in the 2025 lottery, and this announcement will not affect the eligibility of any existing visa holders to travel to and from the United States.”

In a separate clarification, White House spokeswoman Karoline Leavitt wrote that the $100,000 fee “applies only to new visas, not renewals or current visa holders.”

Leavitt noted that “H-1B visa holders may depart and re-enter the United States normally and are not affected by the new announcement.”

The Trump administration’s new H-1B executive order initially sparked confusion and criticism for its lack of clarity regarding who it applies to. The widespread panic it sparked echoed the 2017 travel ban, which was implemented quickly and without notification to border officials, amid widespread uncertainty about the new policy.

The new policy took effect on the 21st, but the Trump administration provided limited guidance and no guidance on how agencies should respond.

Axios reported that former Trump adviser Steve Bannon and other “Make America Great Again” (MAGA) allies believe that American employers use H-1B visas to import skilled workers, allowing these foreigners to steal American jobs at a fraction of the cost. However, Silicon Valley insiders believe the H-1B visa is crucial for attracting the world’s best talent to the US.

White House spokeswoman Taylor Rogers said, “President Trump is committed to putting American workers first, and this sensible measure will prevent companies from abusing labor practices and driving down wages. It will also restore confidence to American businesses that genuinely want to bring highly skilled talent to our great country but have been trampled upon by labor abuses.”