(DALLAS, TEXAS) The Trump administration’s new $100,000 H-1B surcharge sparked a fast, fearful response among Indian tech workers, including Amrutha Tamanam, who rushed back to the United States 🇺🇸 to avoid getting stuck abroad. The rule, announced on September 19, 2025 and effective 12:01 a.m. ET on September 21, 2025, applies to new H-1B petitions filed after the deadline. Agencies later clarified it does not apply to existing H-1B holders or petitions filed before the cutoff. But by then, the panic was already real.
Tamanam told NDTV she paid $2,000 for a one-way ticket from India to Dallas, abandoning a $900 round-trip plan. She was on paid leave and held an approved I-797 (Notice of Action), a valid H-1B visa, and a pending Form I-140 (employment-based green card petition). Still, she feared a sudden rule change might block her re-entry or saddle her employer with a fee that could sink her job prospects.

“I thought I had all the documents in hand,” she said. “But when I saw messages in WhatsApp groups, I went into panic. If you have a chance to come back, come back.”
Her sprint home, just ahead of the deadline, shows how a policy squarely aimed at new filings rattled people who, on paper, were safe. According to analysis by VisaVerge.com, the early wording of the proclamation and the rush of online chatter mixed to create a wave of confusion that pushed many workers to change travel plans, rebook flights, and spend money they hadn’t planned to spend.
Policy details and timeline
- Announcement: President Trump signed the proclamation on September 19, 2025.
- Effective date: September 21, 2025 at 12:01 a.m. ET.
- What the fee covers: A one-time $100,000 surcharge on new H-1B petitions filed after the deadline, including the 2026 lottery and new petitions for workers outside the country.
- Who is not covered: Agencies clarified the surcharge does not apply to:
- existing H-1B holders with valid visas,
- petitions filed before the deadline,
- renewals, amendments, or change-of-employer filings tied to timely petitions.
The Department of State and U.S. Citizenship and Immigration Services (USCIS) issued follow-up guidance confirming the rule does not apply retroactively to those already approved or holding valid visas. Even so, attorneys reported a wave of emergency travel changes as workers abroad tried to return before September 21.
For official program basics and updates, see the USCIS H-1B page: H-1B Specialty Occupations.
A personal cost to avoid a policy risk
Tamanam’s quick return came down to risk. She held a valid I-797 approval notice, which USCIS issues as proof of action on a case. For readers who need it, USCIS explains the notice here: Form I-797, Notice of Action. She also had a pending Form I-140—the employer’s immigrant visa petition for a worker seeking permanent residence. The official form is here: Form I-140, Immigrant Petition for Alien Worker.
On paper, these should have put her at ease. In practice, they didn’t. She worried that a trip delay, a change in airline schedules, or mixed signals at a port of entry could leave her outside when the rule switched on. The choice to spend more than double on a last-minute ticket felt extreme, she said, but losing years of work and a home in Texas felt much worse.
Her concern stretched beyond her own case. She asked, “If they are not even getting paid $100,000, how would an employer pay that amount?” — pointing to colleagues in lower-paid roles. Workers fear the fee will push employers to narrow sponsorship to only the highest-paid roles or largest companies, even if the worker has rare skills.
Employer response and market effects
Early feedback from HR teams and immigration counsel suggests the change could reshape hiring:
- Employers weighing new H-1B sponsorship after September 21 now face a $100,000 upfront cost on top of normal filing fees and legal fees.
- Smaller firms may pause or limit H-1B hiring to senior or revenue-critical roles.
- Some companies will shift candidates to other paths, including:
- remote work abroad,
- different visa categories (if available),
- contractors or short-term engagements.
While the proclamation frames the surcharge as a way to lift wages and curb perceived misuse, business groups warn it could drive work—and future innovation—outside the country. Immigration counsel say the fee could narrow the H-1B program to a smaller pool of high-salary jobs, hitting early-career professionals hardest.
What the rule means for different groups
- New applicants abroad:
- A petition filed after the deadline is subject to the $100,000 surcharge.
- Employers must plan budgets and timelines accordingly.
- Existing H-1B workers with timely filings:
- Agencies said the surcharge does not apply to re-entry, ongoing status, or renewals tied to petitions filed before September 21, 2025.
- Workers switching employers after the deadline:
- The fee applies if the new employer files a new petition after September 21 and it is not otherwise covered by a timely filing.
- Families:
- H-4 travel and planning may be affected indirectly by an employer’s decisions on cost and timing, even if dependents themselves are not subject to the surcharge.
Attorneys also expect more questions at the consular stage, with workers trying to confirm whether their case falls under the fee. Clear records of filing dates, approvals, and job terms will help. Workers should keep copies of:
- the I-797 approval notice,
- the visa stamp,
- a job letter,
- the receipt for any Form I-140, if filed.
Why panic took hold
The panic came from three main factors:
- Timing: A Friday announcement with a Sunday effective date gave travelers abroad almost no buffer.
- Ambiguous early language: Initial wording left room for people to assume a wider reach than the rule intended.
- Social media spread: Partial summaries and urgent messages traveled faster than official updates could catch up.
For people like Amrutha Tamanam, the decision to fly early made sense. She had a steady job, a home, and a clear plan in the United States. A surprise rule with a large dollar figure felt like a real threat to that life, even if later guidance said her case was safe.
“One line in policy can reorder lives in a hurry—even for people who did everything by the book,” the situation illustrates.
Many others made the same call that weekend, paying high fares and cutting family trips short. Attorneys advise workers to rely on direct agency updates and employer counsel. If you are in status with a valid visa and a petition filed before September 21, 2025, agency guidance says you are not subject to the fee for re-entry based on that petition. For new H-1B filings after the cutoff, employers should budget the surcharge and weigh job offers accordingly.
Looking ahead, officials signaled more rulemaking on wage levels and lottery selection could follow, though no new steps have been announced. For now, the surcharge remains a one-time fee on new H-1B petitions filed after the effective date. The weekend rush it set off shows how policy announcements can prompt rapid, costly decisions—even for those ultimately outside the rule’s reach.
This Article in a Nutshell
The administration announced a $100,000 surcharge on new H-1B petitions, signed Sept 19, 2025 and effective at 12:01 a.m. ET on Sept 21, 2025. The rule applies only to new filings submitted after the deadline, including the 2026 lottery; follow-up guidance from USCIS and the State Department clarified that existing H-1B holders, petitions filed before the cutoff, renewals, and amendments tied to timely filings are not subject to the fee. Early ambiguous language and rapid social media spread created panic among workers abroad, leading some—like Amrutha Tamanam—to pay high last-minute fares to re-enter the U.S. Employers may respond by restricting sponsorship to higher-paid roles, remote hires, or alternative visa pathways. Attorneys recommend keeping I-797s, visa stamps, I-140 receipts, and job letters, and following official agency guidance.