It will never last. There is a 0% chance even one company or person will ever pay this fee. Only an act of congress can change visa requirements, and it will never come up for a full floor vote. Ever. So it will be in legal limbo, and therefore can be ignored.

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silverquiet 13 hours ago | parent | next [-]

Only congress can enact tariffs, but we're all paying them anyway.

	▲	_diyar 13 hours ago \| parent [-]
		I think it's not quite tree due to the Reciprocal Tariff Act. Depends on how you define reciprocal of course. Link: https://en.wikipedia.org/wiki/Reciprocal_Tariff_Act

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llm_nerd 13 hours ago | parent | prev | next [-]

>There is a 0% chance even one company or person will ever pay this fee

All through Trump's second term, and before, people have said things precisely like this. And here we are. At some point we realize that people just make such confident pronouncements because they think it bends reality towards their hopes.

>Only an act of congress can change visa requirements

It isn't a visa requirement. It's a processing fee. As of midnight no H1B will be considered without the fee. It is very real, and it is absolutely going into effect. Now places like Microsoft are panicking in the information gap currently, but the admin has clarified that it only applies to new H1B applicants.

As to the legal limbo, not only won't there be one, the Supreme Court has rubber stamped just about everything this admin has done.

The guy has both houses of congress, the courts, the DOJ, the full apparatus of government...at this point I find it simply amazing that people still dismiss the reality that he basically does whatever he wants.

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yibg 13 hours ago | parent [-]

Has the administration officially confirmed this applies to new applicants only? All the reporting I’ve seen on this are from unnamed officials.

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llm_nerd 13 hours ago | parent [-]

https://www.moneycontrol.com/world/us-official-clarifies-100...

The specific quote can be found in a number of media sources-

"Those who are visiting or leaving the country, or visiting India, they don't need to rush back before Sunday or pay the $100,000 fee. $100,000 is only for new and not current existing holders"

EDIT: Weirdly the parent edited in the "unnamed official" bit after I made my comment, then replied as if I'm illiterate.

Regardless, if "unnamed officials" are being cited by every major media source, it's obvious policy, especially given how vague and uncertain so many details of this are.

	▲	rendx 12 hours ago \| parent \| next [-]
		> It's obvious policy, given how vague and uncertain many details of this are. " Section 1. Restriction on Entry. (a) Pursuant to sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(f) and 1185(a), the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA, 8 U.S.C. 1101(a)(15)(H)(i)(b), is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000 — subject to the exceptions set forth in subsection (c) of this section." https://www.whitehouse.gov/presidential-actions/2025/09/rest... Personally, I do not see anything vague and uncertain about that. I agree that how Trump has been handling things anything and everything is vague and uncertain. But the language of the actual executive order, which in any sane jurisdiction would be the only thing relevant, is pretty clear. Note how it says "restriction on entry", and zero about new applicants.
	▲	yibg 13 hours ago \| parent \| prev [-]
		Also unnamed official. Where is the official white house announcement?

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kg 14 hours ago | parent | prev [-]

This is why the new 100k policy allows the government the discretion to exempt their friends from the fee. Want H1Bs? Bend the knee.