A prominent immigration lawyer, Neeraj Bhatia, issued a strong warning on Monday, September 23, 2025, regarding former President Donald Trump’s recent $100,000 surcharge on H-1B visa applications. Bhatia stated that the new policy is full of unclear details and is expected to significantly complicate matters for immigrant workers and their employers.
During a well-attended online forum, Mr. Bhatia emphasized that this proclamation could severely restrict job changes, disproportionately impact emerging businesses, and leave international professionals vulnerable to their current employers.
Former President Donald Trump’s recent action overrides the visa system adjustments made during the Biden administration, imposing a mandatory $100,000 fee for new H-1B visa applications. As this new rule came into effect on September 21, 2025, immigration attorney Neeraj Bhatia described the policy as confusing and contradictory, predicting it would inevitably face legal challenges.
“Many individuals urgently altered their travel plans; some even de-boarded flights mid-journey due to the unfolding situation,” Mr. Bhatia explained during a webinar hosted by the Foundation for India and Indian Diaspora Studies (FIIDS) and the Global Indian Technology Professionals Association (GITPRO). “The level of uncertainty has been immense, and understandably so.”
Unanswered Questions Despite So-Called Clarifications
While the White House has stated that the $100,000 fee is a one-time charge applicable only to new H-1B applications filed after September 21, exempting current visa holders and renewals, Mr. Bhatia emphasized that the official wording remains ambiguous and, at times, inconsistent.
“The administration is using the term ‘visa’ quite ambiguously,” he informed the audience. “Sometimes they refer to the approval process, while at other times they mean the physical visa issued by the consulate. This lack of precision leaves many critical questions unanswered.”
One significant grey area is whether H-1B “transfers” to new employers will also incur the surcharge. While the order clearly exempts renewals, it does not explicitly specify job changes, causing considerable concern.
Job Mobility and Talent Retention in Peril
Mr. Bhatia warned that this crucial distinction could effectively confine thousands of immigrant workers to their existing employers. “Current H-1B holders are left with no choice but to remain with their employer, essentially at their mercy,” he remarked, describing it as a form of “enslavement.”
The consequences could be particularly harsh for startups and mid-sized companies. Bhatia pointed out that the “mobility of transfers is usually severely affected,” forecasting that smaller businesses, unable to afford the steep $100,000 fee, would struggle to attract and retain international talent.
International Students and Academia Face Significant Hurdles
The repercussions also impact international students completing their studies in the U.S. Those undergoing Optional Practical Training (OPT) who intend to apply for H-1B status in the 2026 lottery would almost certainly be subject to this new fee. Even non-profit research institutions, which are usually exempt from the annual visa cap, are not spared from this substantial surcharge.
“The fee applies broadly, with no exemptions even for charitable organizations,” stated Khande Rao Kand, who moderated the discussion. “This policy will undoubtedly be disastrous for them.”
Widespread Panic Among Visa Applicants
The abrupt implementation of the fee caused widespread panic among foreign workers. Bhatia shared stories of individuals paying over $5,000 for last-minute flights to re-enter the U.S. before the deadline, while others canceled or even abandoned their flights mid-journey, fearing additional charges upon arrival.
“My observation is that the term ‘visa’ is being used very loosely by the authorities,” he commented. “Many questions remain unanswered, and the situation seemed to evolve almost hourly.”
Legal Battles on the Horizon
Despite the prevailing confusion, Mr. Bhatia believes the proclamation will certainly face legal challenges. “It is unequivocally going to be challenged, and indeed, it already has been,” he stated. However, he warned that the administration’s invocation of emergency powers might complicate the success of such lawsuits.
“The former President invoked emergency powers, which typically grants him broad discretion,” Mr. Bhatia clarified. “Predicting whether this will be deemed a legitimate emergency measure to safeguard the economy or jobs remains incredibly difficult.”
Tech Industry Pushback Expected
This new policy follows recent meetings between Trump and major technology executives, who had committed to substantial new investments in the U.S. Both Mr. Bhatia and Mr. Kand speculated that intense industry pressure might have led to the White House’s subsequent clarifications, particularly regarding exemptions for visa renewals.
“Companies like Amazon and Microsoft had met with the former President just a week prior,” Mr. Bhatia noted. “Now, these are precisely the companies most impacted. It’s hard to say what transpired during that brief period.”
Broader Economic Impact
Beyond the immediate turmoil, Bhatia anticipates that this policy could incentivize companies to move more jobs abroad. “I foresee a significant export of these jobs,” he stated. “Those determined to remain in the United States will undoubtedly face considerable challenges.”