No evidence of Microsoft staff mass return amid H-1B policy shifts

(UNITED STATES) Microsoft has not ordered its foreign staff to rush back to the United States 🇺🇸 this weekend, despite intense chatter online after President Trump announced a sweeping $100,000 H-1B application fee on September 18, 2025. As of Saturday, there is no official Microsoft directive mandating returns by Sunday, no filing indicating mass repatriation, and no major outlet reporting such a move.

What has changed is policy: President Trump signed an executive action proposing a six‑figure filing fee for each new H‑1B petition, with implementation details still pending. Separate from that, the administration has also proposed to cap most student and exchange stays at a maximum of four years, reviving a 2020 idea the government later withdrew under President Biden.

The fee proposal has rattled employers, foreign workers, and universities. Microsoft and other tech giants criticized the plan as harmful to U.S. competitiveness but stopped short of telling workers to move or travel immediately. According to analysis by VisaVerge.com, many companies are preparing comments, legal strategies, and hiring adjustments, but they are not issuing blanket travel orders or relocation demands in response to the announcement.

Policy Changes Overview

• H‑1B fee proposal (signed Sept. 18, 2025):
  • President Trump’s executive action proposes a $100,000 fee per H‑1B petition for new filings.
  • It would not apply retroactively to people who already hold H‑1B status unless they need a renewal or transfer.
  • The plan awaits regulatory guidance on the start date, payment process, and how the fee would be assessed during filings.
  • Lawsuits are widely expected once rules are published.
• Fixed-duration rule for students and some exchange visitors (proposed Aug. 27, 2025):
  • The administration proposed to admit most F students, J exchange visitors, and I media workers for their program period, up to four years, replacing the prior “duration of status” model for many students.
  • The measure is a proposed rule, open for public comment, and not yet in effect.
  • If finalized, people would need timely extensions and added vetting to stay beyond the initial period.

For official background on H‑1B procedures, see the USCIS H-1B page. USCIS will post updates as the government issues implementing guidance.

Impact on Applicants and Employers

The proposed $100,000 fee would change the math for many employers.

• Large firms that file hundreds of H‑1B cases each season could face nine‑figure costs.
• Smaller companies may drop out of the process entirely.
• Industry groups warn higher costs will push advanced roles offshore and slow research timelines in areas where U.S. workers are scarce.

For existing H‑1B workers at Microsoft and elsewhere, nothing in the announcement forces a sudden departure or a quick return trip to the United States. Workers can continue in status through the dates on their approval notices and I‑94 cards. The fee risk arises at the next filing event: if a worker must extend status or transfer employers after the rule takes effect, the employer could face the $100,000 charge at that time.

Foreign students and exchange visitors would see a different change if the four‑year cap becomes final.

• Today, many F‑1 students are admitted for “duration of status” as long as they keep full‑time enrollment and follow rules.
• The proposal would require them to file for extensions if their program runs long or if they need extra time for research, medical reasons, or Optional Practical Training (OPT).
• Schools and sponsors would face more paperwork, more DHS checks, and tighter timelines to avoid falling out of status.

Tech firms, universities, and business groups are already mobilizing. Microsoft joined peers in calling the H‑1B fee “punitive” and warned it would weaken the talent pipeline that fuels product teams. VisaVerge.com reports industry coalitions are preparing comments on the student rule as well, focusing on the risk of delays that could strand students mid‑degree or cut short post‑graduation training.

Practical steps if measures take effect

1. For H‑1B filings:
   • Employers use Form I‑129, Petition for a Nonimmigrant Worker to petition for workers.
   • If the rule stands, the $100,000 payment would be due at filing along with existing fees.
   • Petitioners should plan budgets, case selection, and timing with counsel.
   • Link: Form I‑129, Petition for a Nonimmigrant Worker.
2. For students:
   • An extension after a four‑year cap would likely require Form I‑539, Application to Extend/Change Nonimmigrant Status with updated documents proving the need to continue.
   • Filing early will be key if the rule is finalized.
   • Link: Form I‑539, Application to Extend/Change Nonimmigrant Status.

Legal experts expect challenges arguing the fee exceeds statutory authority and functions as a barrier, not a processing cost. They also point to due process and Administrative Procedure Act claims over both measures. Courts could pause implementation while cases proceed. That uncertainty is why most companies, including Microsoft, are not issuing mass travel directives; they are preparing compliance plans while tracking the rulemaking calendar.

Context and Politics

The politics are familiar. The fixed‑stay idea first surfaced in 2020 during Trump’s earlier term and was withdrawn in 2021 by President Biden. The new student rule echoes that approach but would likely include broader operational guardrails and heavier vetting.

The H‑1B fee, by contrast, is new in scale and intent. Business groups say the cost would discourage filings even in fields like AI, cybersecurity, and advanced manufacturing—areas U.S. leaders often name as national priorities.

What this means on the ground

• A senior software engineer on H‑1B at Microsoft with two years left on approval can keep working as usual.
• If her employer needs to extend after implementation, the company may face a $100,000 decision: renew in place, relocate the role abroad, or shift the work to a different visa strategy.
• A PhD student nearing five years of lab research could need a timely extension under the proposed rule; missing that window might force a break in studies and travel that delays experiments and grant deadlines.

Practical takeaway: Watch for official rule text and effective dates before making travel plans. Keep status proof current and accessible. File any needed extensions early if the student rule is finalized. Employers should review workforce needs, forecast H‑1B costs, and consider alternate paths.

The Department of Homeland Security says tighter limits and higher fees will protect U.S. jobs and strengthen oversight. Industry, schools, and immigrant advocates counter that the measures will push talent and investment abroad. Congress may weigh in if litigation drags on.

Until then, planning beats panic: despite heated rhetoric, there is no Sunday deadline and no Microsoft recall order. The real tests will come when the government publishes how and when it will collect the $100,000 H‑1B fee, and whether the student duration cap survives review.