H-1B Holders Plan to File Temporary Restraining Order
By law, the $1,00,000 fee is only for the new H-1B visa petitions filed after the rule came into effect, which is from September 21 after 9.31 am IST.
Hyderabad: Telugus on H-1B visas in the United States are expressing alarm, after President Trump introduced the new policy of charging companies a $1,00,000 fee for each new H-1B visa they sponsor. Many are consulting immigration lawyers and exploring the possibility of filing temporary restraining orders (TROs) if the new rule is applied more broadly than currently stated.
By law, the $1,00,000 fee is only for the new H-1B visa petitions filed after the rule came into effect, which is from September 21 after 9.31 am IST. It does not apply to people who already hold H-1B visas, including those outside the US seeking re-entry, or for renewals of existing visas. The White House further clarified the fee is a one-time payment per petition, not an ongoing annual cost.
Incidentally, the first orders stated that H-1B visa holders would have to pay the increased fee for every year, and for every entry to the US. These were subsequently clarified to limit its ambit.
The rapid announcement and general confusion have led to concern among visa holders, especially from India who comprise almost two-thirds all H-1B visa holders in the United States. Some fear that future changes could remove the exemption for existing holders, or that border or visa officials might misapply the rule during stamping or re-entry.
Among Telugu H-1B holders, there is particular worry about what might happen during visa stamping or re-entry. Ramesh Chandra, an H-1B holder from Hyderabad who is currently in Dallas, said “I have my stamping work due in January of 2026. The rules are saying it is only for the new H-1B holders, but I am worried about what will happen during the stamping or while I re-enter into the US.”
“What if the consular officer does not authorise my visa? What if they stop me when I re-enter the country after the stamping? If they slip some obscure legislation into the laws, and they hold my entrance into the country with that, my entire life will collapse in front of me. I don’t want to take that chance, not when mine and my family’s life is at stake”, Ramesh said.
Another H-1B holder, who requested not to be named, said that their legal advisor is working on filing a TRO after immigration lawyers and corporations file lawsuits against the proclamation. Many more Telugu H-1B holders, along with other immigrants, are consulting lawyers to understand the legal challenges.
