On September 19, 2025, President Donald Trump issued an executive order imposing a $100,000 fee on new H-1B visa petitions, effective from 12:01 a.m. EDT on September 21, 2025. The fee targets new applications to prioritise high-skilled, high-wage workers and curb program abuses, with exemptions possible if deemed in the national interest. White House clarifications confirm it applies per petition for aliens outside the U.S., but not retroactively to existing holders, renewals, or extensions.

This policy has raised concerns for Indian professionals, who comprise a significant share of H-1B recipients, potentially disrupting families and the tech sector.

Effects On Applications, Renewals, Extensions, And Expiring Visas

Existing H-1B applications filed before September 21, 2025, proceed under prior fees (e.g., base $780 plus add-ons like $1,500 ACWIA and $500 fraud prevention), without the $100,000 charge. Renewals and extensions post-effective date are exempt, as they are cap-exempt and do not involve new entries for aliens abroad. For visas expiring after this date, holders retain status until expiration if compliant with terms like maintaining employment. Post-expiration renewals avoid the fee unless requiring a new cap-subject petition; otherwise, unlawful presence accrues, risking inadmissibility bars (e.g., three years for 180-365 days overstay). The one-time fee does not apply to status changes, amendments, or transfers for existing visas.

Legal Rights, Deportation Risks, And Historical Precedents

H-1B holders enjoy due process under the Immigration and Nationality Act (INA), including work authorisation during validity and appeals against unlawful actions. Deportation requires grounds like visa violations or crimes; it is not triggered solely by the fee hike. Civil wrongs, such as minor traffic violations, rarely lead to removal unless escalating to crimes (e.g., DUI as moral turpitude). However, historical data shows over 1,800 deportations in 2025 for traffic-related convictions that prompted ICE reviews. Criminal wrongs, like felonies, enable expedited removal under INA § 237(a)(2).

Past deportations of valid H-1B holders often stem from status lapses post-job loss or minor offenses uncovered during encounters, with thousands removed annually via Notices to Appear (NTAs). Green card holders face similar risks for aggravated felonies or prolonged absences, with ICE data indicating heightened enforcement in 2025. Examples include H-1B deportations for unauthorised activities or petition discrepancies, even mid-grace period.

Scenarios For Indian Holders Returning Post-September 21, 2025

For valid H-1B holders on leave outside the U.S. (e.g., in India) returning after the effective date, no $100,000 fee applies, as entry relies on existing approvals, not new petitions. This holds for those under employment or in grace periods seeking transfers. Expired visas require new stamps; if tied to new petitions from abroad, the fee may apply. Absences do not inherently trigger fees for valid returns.

Job Loss, Grace Period, And Policy Shifts

The 60-day grace period post-termination, per 8 CFR § 214.1(l)(2), allows time for new employment, status changes, or departure without accruing unlawful presence. However, it is discretionary (“may be granted”), not mandatory, enabling USCIS to issue NTAs early for removability grounds like fraud or prior violations. In 2025, reports show NTAs sent 10-45 days post-layoff, leading to deportations despite the period, often after petition withdrawals or enforcement priorities. Proposals to eliminate it exist but are unimplemented. Instant deportation bypassing due process is prohibited, but expedited removal applies for certain crimes. The $100,000 fee does not affect grace-period transfers unless new entries from abroad.

Birthright Citizenship Changes

On January 20, 2025, Trump issued Executive Order 14160, reinterpreting the 14th Amendment to exclude birthright citizenship for children born after February 19, 2025, if the mother is unlawfully present or on temporary status (e.g., H-1B dependent) and the father is not a U.S. citizen or permanent resident. This impacts families from Mexico (undocumented migrants) and India (visa holders), risking status issues and separations. The order faces judicial blocks but applies prospectively, narrowing “subject to the jurisdiction” per historical views.

In conclusion, the H-1B fee shields existing holders while barring new entrants, with deportation risks tied to compliance and discretion. Indian holders should monitor USCIS updates and seek legal advice amid evolving enforcement.