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Trump's New H-1B Visa Fee: A Game Changer for U.S. Immigration Policy

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Significant Policy Shift Amid U.S.-India Tensions

In a notable development amidst rising tensions between India and the United States, President Donald Trump has enacted a new policy that could have more adverse effects on the U.S. than on India. Today, he signed a proclamation that raises the annual fee for H-1B visas to an unprecedented $100,000, a move that has drawn considerable criticism from American lawmakers who have labeled it 'unfortunate.'


Concerns Among Immigration Attorneys

This proclamation has sparked widespread alarm, particularly among immigration lawyers and businesses that depend on skilled foreign labor. Many are advising H-1B visa holders and their families currently outside the U.S. to return within the next 24 hours to avoid being stranded and facing re-entry issues once the new regulations take effect at 12:01 AM on September 21.


Leading Companies Utilizing H-1B Visas

As of June 2025, Amazon topped the list of H-1B visa holders in the U.S., employing 10,044 individuals under this program, according to data from the U.S. Citizenship and Immigration Services (USCIS). Tata Consultancy Services (TCS) followed with 5,505 H-1B employees, while Microsoft, Meta, Apple, Google, Deloitte, Infosys, Wipro, and Tech Mahindra Americas also featured prominently.


Political Debate Surrounding H-1B Program

The H-1B visa program, which permits U.S. companies to hire highly skilled foreign workers, has been a contentious issue in political discussions. President Trump has consistently expressed a desire to tighten regulations surrounding this program, framing such changes as protective measures for American workers.


Elon Musk's Support for H-1B Visas

Elon Musk, the founder of SpaceX and Tesla, has been a vocal advocate for the H-1B visa program. He has previously highlighted that many key individuals who contributed to the success of companies like SpaceX and Tesla were H-1B visa holders.


Tesla's Controversy Over Visa Hiring Practices

On September 12, 2025, Tesla was hit with a lawsuit alleging that the company prioritized visa holders over American workers to cut labor costs. The lawsuit claimed that Tesla employed approximately 1,355 visa holders while laying off over 6,000 domestic employees, most of whom were U.S. citizens.


Trump's View on H-1B Visa Misuse

President Trump has characterized the H-1B visa program as being prone to systematic abuse, particularly by IT outsourcing firms. He has referred to this misuse as a 'national security threat' and argued that it complicates job opportunities for American graduates, as companies often prefer to hire foreign workers at lower wages.


Expert Insights on the New Policy

Sophie Alcorn, an immigration attorney, expressed that the new policy is likely to restrict job mobility and significantly increase the costs associated with H-1B renewals. She cautioned that employers might be reluctant to sponsor or keep H-1B employees, particularly those in the early stages of their careers, potentially driving many to seek opportunities in countries like Canada, the UK, UAE, or Saudi Arabia.


Impact on Indian Professionals

This policy change could have a profound effect on Indian professionals, who constituted 71% of all H-1B visa approvals in the fiscal year ending September 30, 2024. The majority of these approvals were for computer-related roles, with an average salary of $120,000. H-1B visas are generally valid for a maximum of three years.


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