A growing number of international professionals are struggling to understand the new H-1B visa fee policy announced by President Trump last month. Even after the USCIS issued updated guidance, many workers remain confused about how the rule applies, especially after travelling abroad.
Approved But Still Stranded
One affected worker shared his experience on Reddit. He transitioned from F-1 to H-1B status in 2024 and received approval (I-797A) valid until 2027. However, after leaving the US for a family emergency without a visa stamp, he found himself stuck outside the country.
The $100,000 Roadblock
Although his employer is ready to rehire him, they were informed that he cannot return without a new consular process. This process reportedly triggers a $100,000 “new petition” fee, part of the administration’s controversial visa policy.
The company also stated that since his original petition was withdrawn after his departure, his H-1B status is no longer valid. In short, he’s approved on paper but lacks a visa stamp, and reapplying from outside the US now falls under the new entry restriction rule.
Employers Fear Legal Confusion
The rule has created widespread uncertainty. Employers are unsure how the $100,000 fee should be paid and are hesitant to take risks. As a result, many have stopped sponsoring workers currently outside the United States.
Legal Challenges and Hope
Several Reddit users explained that an I-797A alone isn’t sufficient to re-enter the US and that the employer’s decision was correct. Some advised waiting another year, as multiple lawmakers and labour groups are challenging Trump’s authority to impose this rule without Congress.
If these challenges succeed, the White House may be forced to roll back the fee, offering a much-needed lifeline to thousands of skilled foreign workers left in limbo.
