H-1B Holders In India Likely To Miss Sep 21 Deadline? Immigration Experts Suggest Immediate Action - Who Is Exempt?

(MENAFN- Live Mint) President Donald Trump signed a proclamation Friday that restricts the entry into the United States of nonimmigrants working in a“speciality occupation” unless their H-1B petitions are accompanied or supplemented by a payment of $100,000. The new rule is effective from September 21. Owing to this, immigration lawyers and employers are warning US work visa holders to avoid traveling abroad. In fact, many companies are instructing employees to return immediately to America or risk getting stranded.

Immigration experts address some of the most pressing questions being raised - including immediate actions one must take and who are exempt.

H-1Bs still in India to miss deadline...

“H-1B visa holders who are out of the US on business or vacation will get stranded unless they get in before midnight September 21. H-1Bs still in India may have already missed the deadline as there is no way a direct flight from India will get in time,” eminent New York-based immigration attorney Cyrus Mehta said in a post on X.

What are the options now?

“There may still be a way for an H-1B visa holder who is in India to arrive in California before midnight September 21, 2025,” Mehta said.

Who are exempt?

Answering this, Immigration Expert Rajiv Khanna posted on Linkedin, The Secretary of Homeland Security may waive the requirement if hiring is deemed“in the national interest” and poses no security threat. This discretionary exception could apply to individuals, entire companies, or industries.

What should be your immidiate action?

Khanna responded saying:

• For Current H-1B Filers: If your beneficiary is outside the US and you haven't filed yet, you have until September 20, 2025, to file under current rules.
• For Future Filers: Budget for the $100,000 payment or explore the national interest exception pathway. Document how your hire serves national interests.
• For B Visa Holders: Expect stricter scrutiny if you have approved H-1B petitions with start dates before October 2026.

What companies are advising?

Microsoft, JPMorgan, and Amazon have urged H-1B visa holders to stay in the United States, internal emails reviewed by Reuters show. Employees abroad were told to return before midnight Saturday (0400 GMT Sunday), ahead of the new fee taking effect.

"H-1B visa holders who are currently in the U.S. should remain in the U.S. and avoid international travel until the government issues clear travel guidance," read an email sent to JPMorgan employees by Ogletree Deakins, a company that handles visa applications for the investment bank.

Users on social media posted excerpts of an internal email by Microsoft that asked its employees on H1B visas and their dependents to avoid travelling outside the US and return immediately before the September 21 deadline. The tech giant is understood to have told its employees to remain in the US for the“foreseeable future" to "avoid being denied reentry”.

Amazon , meanwhile, stated in a note, "If you have H-1B status and are in the US, stay in the country for now,"

"We recommend H-1B and H-4 visa holders return to the US before 12:00 AM EDT on September 21," the company added.

The H-1B program offers 65,000 visas annually to employers bringing in temporary foreign workers in specialized fields, with another 20,000 visas for workers with advanced degrees. Nearly all the visa fees have to be paid by the employers. The H-1B visas are approved for a period of three to six years.

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