Immigration Expert Sahil Nyati’s Clarity on the USD100,000 H-1B Fee: What Current Holders Need to Know

• If you already hold an H-1B visa, you are not impacted.
• If you already have an approved petition, you are not impacted.
• If you are renewing, you are not impacted.
• If you are traveling with a valid H-1B, you are not impacted.

This clarification is critical, especially given the initial confusion and concern surrounding the announcement. Current H-1B holders can breathe a sigh of relief, knowing that their existing status is not affected by the new fee.

Where the Fee Actually Applies

The new $100,000 fee is:

• A one-time filing fee, not an annual tax.
• Applicable to new petitions filed after September 21, 2025.
• Likely to affect cap-exempt employers and future lottery recipients (2026 cycle).

It’s essential to note that the fee only applies to new petitions, not to existing H-1B holders or those renewing their visas.

Travel Considerations

For current visa holders:

• If you already have a valid H-1B stamp, you should be able to re-enter the US without issue.
• Authorities like AILA and CBP have confirmed this.
• However, Sahil Nyati advises caution on travel until DHS issues formal written guidance.

Why This Matters

The uncertainty surrounding the H-1B program is a bigger concern than the fee itself. Constant changes discourage employers from sponsoring workers and leave families stuck in limbo. Experts like Sahil Nyati recommend exploring alternative visa options, such as O-1 visas, EB-1 green cards, or NIW pathways, for more stability.

Final Thoughts

While the H-1B program may remain vulnerable to changes, professionals can take proactive steps to secure their future in the US. As Sahil Nyati emphasizes, preparation, documentation, and exploring alternative pathways are key to protecting your long-term future.

By understanding the implications of the new fee and exploring alternative visa options, professionals can take control of their future and continue to contribute their skills and expertise to the US workforce. Staying informed and proactive is crucial in the ever-changing world of US immigration.

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