Foreign employees on H-1B visas are urged to return to the United States promptly to avoid being left stranded, according to immigration lawyers and tech companies.
In a move that has sparked controversy and uncertainty, former President Donald Trump signed a new proclamation that imposes a mandatory $100,000 fee on H-1B visa petitions and effectively blocks entry to the U.S. for non-immigrants working in "specialty occupations" unless their paperwork includes proof of payment. The policy, which is set to take effect at 12:01 a.m. on September 21, 2025, is expected to impact tens of thousands of Indian professionals employed in the U.S. under the H-1B program.
The new policy has been criticized as discriminatory and damaging to the U.S. economy by immigration experts and advocacy groups. Critics argue that the policy targets immigrants based solely on their birthplace and paints Indian professionals as a threat. David Bier, Director of Immigration Studies at the Cato Institute, has condemned the policy, highlighting the immense contributions of Indian H-1B workers to the American workforce and tax base. Bier emphasized the systemic hurdles Indian professionals face in the legal immigration process, including long wait times for permanent residency, costly legal fees, and rigid job restrictions.
Immigration attorneys and U.S.-based companies are advising H-1B holders and their families who are overseas to return to the U.S. immediately. Cyrus Mehta, a prominent immigration attorney, stated that anyone on an H-1B visa currently outside the U.S. must return before midnight on September 21 or risk being stranded. Some limited travel options may still be available, such as arriving via West Coast ports of entry like California before the deadline.
The policy has also raised concerns about potential complications at the border for H-1B visa holders and their dependents. Major tech companies like Microsoft are advising their employees on H-1B visas and their dependents to remain in the U.S. "for the foreseeable future" to avoid such complications.
The development has been met with strong opposition, with many arguing that it is not only discriminatory but also detrimental to the U.S. economy. Bier stated that Indian H-1B workers are among the most peaceful, intelligent, and hard-working individuals welcomed in the U.S. and have contributed hundreds of billions in taxes, fees, and services to the United States. The policy is expected to face legal challenges, with many questioning its constitutionality and legality.
Employers and visa holders are scrambling to adjust plans and avoid disruptions due to the new policy. The policy also includes a provision that monitors social media for antisemitic activity among immigrants, raising further concerns about potential violations of privacy and civil liberties.
As the deadline approaches, the uncertainty and anxiety among Indian H-1B workers and their families continue to grow. The new policy has raised concerns about the future of thousands of careers and families, and its impact on the U.S. economy remains to be seen.
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