Sep 21 2025
0

Report: H1B Visa Executive Order Causes SFO Flight Delays

By Leila

Some San Francisco flights were delayed on Saturday following an Executive Order affecting H1B visas with travelers opting not to leave the US.

West Jet Boeing 737 at gate in San Francisco

H1B Visa Executive Order

In the latest effort to clamp down on immigration and (according to the Trump administration) prioritize American workers, an executive order was issued increasing the cost of an H1B Visa for highly skilled foreign workers to $100,000 per applicant plus vetting costs.

“President Donald Trump signed an executive action on Friday to impose a $100,000 application fee for H-1B visas — in an effort to curb what his administration says is overuse of the program.” – CNN

Contrary to other immigration efforts which have focused on those who have entered illegally or under dubious circumstances, this effort aims to limit those going through the proper channels with US company sponsorship.

“The H-1B visa is a work visa that’s valid for three years and can be renewed for another three years. Economists have argued the program allows US companies to maintain competitiveness and grow their business, creating more jobs in the US.” – CNN

Technology companies competing on a global scale are some of the most prolific users of H1B visas. As many of these firms are based in the Bay Area, flights from San Francisco International Airport had many H1B visa holder traveling that altered their plans.

Confusion, Chaos, Legality

The timing of the executive order (Friday) and the implementation of the new order (Sunday, September 21st at 12:01 AM) gave both visa holders and company sponsors little time to interpret, clarify, or strategize around the order.

According to posts on X, some received notification from company management to exit airplanes if they were still able to do so in the United States rather than depart for trips abroad.

According to ViewFromTheWing, Microsoft issued a statement to employees that confirms they advised visa holders to stay in the US for the time being.

Even US Secretary of Commerce, Howard Lutnick, present at the signing of the order couldn’t interpret whether the $100,000 fee would last for the three years the visa allows or if it would apply to each of those three years.

“He noted that the payment structure is still under discussion with the Department of Homeland Security, in terms of “whether we’re going to charge the $300,000 up front or $100,000 a year for the three years.” – CNN

Many have indicated that the President does not have the power to adjust congressionally-determined fee schedules even with an executive order unless it directly relates to the cost of the visa. However, the president has otherwise withheld congressionally-approved funds and redirected them affirmed by the Supreme Court.

The administration may argue that the cost of vetting, and costs for removal of those who overstay their visa contribute to the higher cost but that was not the stated reason at the time of signing the order.

Emirates Boeing 777-300ER taxiing in Dubai

New Applicants Only

The administration clarified over the weekend that the order does not affect those who already hold H1B visas (presumably anyone that exited their flight) nor those that have applications in progress.

“In a separate post clarifying the proclamation, White House press secretary Karoline Leavitt wrote that the $100,000 payment would be applicable “only to new visas, not renewals, and not current visa holders.”

Leavitt also noted that “H-1B visa holders can leave and re-enter the country to the same extent as they normally would; whatever ability they have to do that is not impacted by yesterday’s proclamation.” – Politico

Conclusion

A simple statement at the time could have saved both the visa holders and their company sponsors, time, money, and trauma. Whether the president can enforce the rule or not, the lack of clarity surrounding the initial issuance caused unnecessary panic. However, like other executive orders which may be questionable as to whether they can be enforced as they are, they stand until challenged in cases that will likely reach the Supreme Court many months from now. H1B visas allow US companies to attract the best talent from around the world, and competitive US companies are good for the country and the economy. Further, this type of legal immigration is what the President has outwardly stated he prefers. These are known, vetted, talented individuals, paying taxes and required to stay on the right side of the law to avoid forfeiture of their status.

What do you think? 

Posted inUncategorized

Leave a Reply