Immigration attorneys and U.S. companies are issuing frantic advisories to H-1B visa holders abroad, urging them to re-enter the country before a midnight deadline on September 21, 2025, to avoid potential denial of entry under President Donald Trump's newly signed proclamation. The executive action, effective from 12:01 a.m. ET Sunday, mandates a $100,000 annual fee per H-1B petition for "speciality occupation" workers, a steep hike aimed at curbing perceived program abuse but sparking chaos among the 85,000 annual cap's beneficiaries, predominantly Indian tech professionals.
New York immigration attorney Cyrus Mehta warned on X that those outside the U.S. on vacation or business "will get stranded unless they get in before midnight on September 21," noting direct flights from India likely miss the window, though West Coast arrivals might still qualify.
Social media excerpts from an internal Microsoft email, from a top H-1B sponsor with over 5,000 approvals in 2025, instructed employees and H-4 dependents to "avoid travelling outside the US" and return immediately, advising they "remain in the US for the foreseeable future" to prevent reentry denials. Even though the proclamation targets principal H-1B holders, firms are erring on the side of caution for families, fearing broader scrutiny in an administration ramping up enforcement.
The policy, signed Friday alongside a $1 million "gold card" investor visa, restricts nonimmigrant entry unless petitions include the fee, which dwarfs the current $780 filing costs and could deter sponsorships by IT giants like Amazon (10,000+ approvals) and TCS (5,500). Proponents, including Commerce Secretary Howard Lutnick, argue it ends "training foreign workers" at American expense, protecting domestic jobs in a programme where IT firms dominate 65% of approvals.
Critics, however, decry it as discriminatory, especially against Indians—who comprise 72% of recipients—exacerbating backlogs where green card waits exceed decades due to per-country caps.
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The Cato Institute's David Bier lambasted the move on X as "demonisation & discrimination" against a group contributing "hundreds of billions in taxes" and trillions in economic value, labelling Indian H-1B workers "the most law-abiding, hard-working, peaceful, productive population in all of US history." He highlighted unique burdens like job advertising mandates and mobility restrictions, plus the plight of U.S.-raised children facing deportation upon adulthood. Indian IT stocks, including Infosys and Cognisant, tumbled 3-5% Friday, reflecting fears of outsourcing disruptions in a $200 billion sector reliant on the visas.
As the 24-hour clock ticks, attorneys like Mehta suggest emergency consultations for waivers or transit strategies, while social media buzz—from satirical jabs at "pakoda stalls" to calls for NRIs to return home—captures the anxiety. The proclamation, lasting 12 months unless extended, signals Trump's intensified "America First" immigration pivot, potentially reshaping global talent flows and straining U.S. innovation amid a projected 1.2 million STEM job shortfall by 2030.
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