Amazon, Microsoft, Google urge H‑1B staff to stay

The day before, Amazon, Google, and Microsoft warned employees with H‑1B visas against leaving the country and advised workers with already scheduled business trips to return to the U.S. Media outlets reported that the method of communication was company email. The situation is changing rapidly, and it remains unclear how the proclamation will be enforced. An Axios source in the White House said the fee would only apply to new H‑1B applicants — not the ones with existing visas or those renewing them. Nevertheless, IT giants asked their staff to stop all non-prescribed travel and requested employees who were abroad to return as soon as possible.

Why travel is especially risky for H‑1B holders right now

While the fee is officially designed for employers, it is likely to have serious repercussions for visa applicants themselves. Sudden streamlining always travels through the system chaotically, from consular advice to re-entry customs. Immigration legal experts argue that consulates can pause the process or examine more in-depth cases when bills are passed, and entry and inspection at borders are driven by vibrant U.S. Customs and Border Protection officials.

The tech industry has already seen this move on the screens. Earlier administrations or COVID-era travel checkups blocked people trying to refresh visas abroad, and tracking processes were inconsistent. Companies are trying to avoid forcing staff to wait for visas to come closer, get trapped in administrative processing, or be interviewed by border officials.

Who is — and isn’t — affected by the proposed H‑1B fee

According to the White House version, that $100,000 fee would apply to new H‑1B applicants. That almost certainly applies to cap-subject petitions, some change-of-employer submissions and new hires on student work authorization. There would be an existing exemption for H‑1B holders (including extensions), the same source says, but the devil is in the details: portabilities, amendments and consular notifications could create edge cases.

In the absence of guidance on scope and timing from the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS), corporate internal immigration teams are planning multiple scenarios. The American Immigration Lawyers Association itself has consistently advised employers to put on hold non-urgent international travel when policy uncertainty could impact stamping or inspection.

The magnitude of possible disruption for H‑1B employers

According to government data on employers with H‑1B visa approvals this fiscal year, Amazon ranked No. 1 in that category, ahead of Tata Consultancy Services; Microsoft; Meta, formerly Facebook; and Apple, with Google coming in sixth. Those numbers emphasize how deeply the program is embedded in U.S. tech workforces and consulting partners.

USCIS limits the new H‑1Bs to 85,000 a year, a quota that is repeatedly oversubscribed. Recent cycles have attracted hundreds of thousands, unaccommodated volumes well beyond anything that could be reflected in visas for highly skilled workers. Such a fee would be the largest on record for any single petition and could impact how and when employers hire, particularly in entry‑level positions.

What companies are saying to staff about travel and risk

Big tech companies usually offer quick “hold in place” advice after immigration moves are made on their own timeline: don’t travel from abroad if you’re already in the U.S. on an H‑1B visa, check with the company’s lawyers for approval before booking trips and make sure your documents — petition approval, employment verification records and pay stubs — are at the ready.

Business travel is being triaged and, where possible, remote participation is replacing in-person travel to avoid exposure to consular or border delays.

Those cautions frequently also apply to contractors and vendor staff who support core teams, a crucial level in cloud, e‑commerce and enterprise software operations. A knock-on risk is that projects might be pushed back, as key experts can’t re-enter the country on time or employers postpone start dates to manage the change in policy.

Legal and policy outlook for implementing a new H‑1B fee

A $100,000 application fee would be a dramatic departure from the way the government has set immigration fees in the past, which generally ascend through formal rulemaking with economic analyses. Business groups like the U.S. Chamber of Commerce have a history of fighting back against sudden turns in immigration policy they consider illegal or economically harmful, and a lawsuit is likely if agencies move without unmistakable statutory authority and an obvious process.

Among the questions that remain are whether an employee cap fee would apply to cap‑exempt employers such as universities and research organizations, how it would be implemented when employees switch employers and when payment systems would go live. USCIS and the State Department will have to align guidance so consulates and ports of entry have consistent handling.

What to watch next as agencies finalize H‑1B fee guidance

Agency FAQs that provide details on effective dates, petition types covered and any grace periods are in the works; employers are waiting to see that guidance. H‑1B workers are advised to watch for company advisories and avoid nonessential travel until the rules settle. Employees who are unable to avoid travel tend to take complete documentation packets and coordinate return plans with HR and counsel.

The bottom line: Not just the price tag, but policy instability is behind tech’s warning to take a seat. While federal agencies iron out the specifics, risk-averse companies are focused on continuity — and keeping their H‑1B talent close by.