H-1B visa holders: Don't leave US, warn Amazon, Microsoft, JPMorgan

US Firm on H1-B Visa Fee Hike: Microsoft, JPMorgan and Amazon warn H-1B staff to stay in the US after Trump's order makes visas cost $100,000 each. Legal challenge underway

Do not leave the US. This was the warning issued by several tech firms including Microsoft, JPMorgan and Amazon to employees holding the H-1B visa, according to internal emails reviewed by Reuters, Business Standard and those circulating on social media.

 

The reason is linked to US President Donald Trump’s latest move. On Friday, Trump signed a proclamation imposing a $100,000 (about Rs 88 lakh) fee on H-1B visa applicants. The fee, which takes effect from September 21, could sharply raise costs for employers who rely on skilled workers from India and China.

 

What are tech firms advising on H-1B Fee Hike?

 

Companies told employees on H-1B visas who were outside the US to return before midnight on Saturday (0400 GMT on Sunday), when the new fee regime kicks in.

 

“H-1B visa holders who are currently in the US should remain in the US and avoid international travel until the government issues clear travel guidance,” read an email sent to JPMorgan staff by Ogletree Deakins, the firm handling visa applications for the bank.

 

Microsoft’s internal advisory went further:

 

If in the US: “Remain in the US for the foreseeable future” to “avoid being denied re-entry”

H-4 dependents: Advised to also stay in the US, even though the proclamation does not mention them

If abroad: “Strongly recommend you return to the US tomorrow before the deadline”

 

The company has also started tracking employees outside the country, admitting “there isn’t much time to make sudden travel arrangements.” 

The new rule takes effect on September 21 and will last for 12 months, unless extended.

 

Lawyers step in

 

Immigration lawyers echoed the same advice. “We strongly advise all clients currently on an H-1B visa to remain within the United States until further notice. If you are currently outside the US, we recommend making arrangements to return as soon as possible. This is a precautionary measure to help avoid potential complications,” said Sophie Alcorn, an immigration lawyer in Silicon Valley.

 

At the same time, legal challenges are being prepared. Aaron Reichlin-Melnick, policy director of the American Immigration Council, questioned the legality of the new fee. “Congress has only authorised the government to set fees to recover the cost of adjudicating an application,” he wrote on social media platform Bluesky.

 

Immigration attorney Charles Kuck, founding partner at Kuck Baxter Immigration in Atlanta, told Business Standard, “The President cannot impose it for a variety of reasons, but all going back to the basic fact that only Congress can authorise fees.”

 

“Employers and workers are working on a suit now and we believe there’s an excellent chance that a court could block the order through an injunction,” he said. According to him, visa fees are meant to cover processing costs, not act as barriers. “Even universities, research roles, or national interest cases are not going to be exempted,” Kuck added.

 

H-1B visa hiring trends

 

US government data show the heavy dependence of technology firms on H-1B visas. For fiscal year 2025, Amazon led with 10,044 approvals, followed by TCS (5,505), Microsoft (5,189), Meta (5,123), Apple (4,202), Google (4,181), Cognizant (2,493), JPMorgan Chase (2,440), Walmart (2,390) and Deloitte Consulting (2,353). Infosys (2,004), LTIMindtree (1,807) and HCL America (1,728) also feature in the top 20 list.

 

The US government said the share of IT workers in the H-1B programme grew from 32 per cent in 2003 to an average of over 65 per cent in the past five years. It added that many firms save costs by using H-1B entry-level roles, which carry a 36 per cent discount compared to full-time American positions.

 

The proclamation cited examples where companies laid off thousands of American staff while simultaneously securing large numbers of H-1B workers. One firm was approved for more than 5,000 H-1B visas in 2025 while announcing 15,000 layoffs. Another let go of 2,400 US staff in Oregon in July while securing nearly 1,700 H-1B approvals.

 

What the proclamation says on H1-B Fee

 

Trump’s proclamation, titled “Restriction on entry of certain nonimmigrant workers,” requires all H-1B petitions to be accompanied by a payment of $100,000. It will remain in force for 12 months from September 21, unless extended.

 

The White House argued that the number of foreign STEM workers has doubled from 1.2 million in 2000 to nearly 2.5 million in 2019, while overall STEM employment rose by 44.5 per cent. In computer and mathematics occupations, the foreign share grew from 17.7 per cent in 2000 to 26.1 per cent in 2019.

 

According to the proclamation, “information technology firms have prominently manipulated the H-1B system, significantly harming American workers in computer-related fields.”