Existing H-1B holders do not have to pay $1,00,000 visa fee; USCIS clarifies

In a major relief to IT professionals in the US, the the United States Citizenship and Immigration Services (USCIS) has clarified the USD 1,00,000 fee imposed by the Trump administration on new H-1B visa petitions will not be applicable for those already in the US who are seeking a change of status or extension of stay.

The fresh guidelines issued by the USCIS clarified the exemptions to President Donald Trump's September 19 proclamation, 'Restriction on entry of certain nonimmigrant workers', which will raise the fee for new H1-B visas to a steep USD 100,000 (approximately Rs 88 lakh).

H1B: Who has to pay USD 1,00,000?

The H1B fee hike will apply to new applications filed on or after 12.01 am eastern daylight time on September 21, 2025, for beneficiaries who are outside the US and do not possess a valid H1B visa.

This also applies to applications requesting consular notification, port of entry notification, or pre-flight inspection for those in the US.

Petitions that request a change of status or extension of stay in the country will also attract the payment only if USCIS determines the candidate ineligible.

If a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests a change of status or amendment or extension of stay and USCIS determines that the alien is ineligible for a change of status or an amendment or extension of stay (e.g., is not in a valid nonimmigrant visa status or if the alien departs the United States prior to adjudication of a change of status request), the Proclamation will apply and the payment must be paid according to the instructions provided by USCIS.

A beneficiary will not be considered to be subject to the payment if they subsequently depart the US and apply for a visa based on the approved petition and/or seek to reenter the US on a current H-1B visa, it said.

H1B Visa: How and when to pay?

Applicants have to make USD 1,00,000 payment using pay.gov. The fee must be paid prior to filing a petition with USCIS, as petitioners have to submit proof of payment.

“Petitions subject to the $100,000 payment that are filed without a copy of the proof of the payment from pay.gov or evidence of an exception from the Secretary of Homeland Security will be denied,” the official statement read.

H1B visa fee exception by Homeland Security

Exceptions to H1B visa fees are granted by the secretary of Homeland Security in an “extraordinarily rare circumstance” where a particular foreigner’s presence as a worker in the US is in the national interest, that no American worker is available to fill the role, and that the foreigner does not pose any threat to the security or welfare of the US.

“Petitioning employers who believe their alien worker satisfies this high threshold may seek an exception by sending their request and all supporting evidence to H1BExceptions@hq.dhs.gov,” it said.

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Impact on Indian professionals

The proclamation signed by the US President raised the fee for H1-B visas to a staggering USD 100,000 annually, in a move that could adversely impact Indian professionals on visas in the US. Indians make up an estimated 71% of all approved H-1B applications in recent years, according to the USCIS.

Companies pay to sponsor H-1B applicants. The guidelines were issued days after the US Chamber of Commerce filed a lawsuit against the Trump administration's decision to impose the fee, describing it as "misguided policy and plainly unlawful" action that could cripple American innovation and competitiveness.

The lawsuit, filed October 16 in a district court in Columbia, challenged the proclamation and said it exceeds the president’s lawful authority. Tens of thousands of highly skilled people in specialised fields boost the American economy each year after obtaining H-1B status, it said.