US Clarifies $100,000 H-1B Visa Fee: Exemptions and Implications for Indian Techies
Following President Donald Trump’s September 19, 2025 proclamation imposing a new $100,000 fee on H-1B visas, the U.S. Citizenship and Immigration Services (USCIS) issued clarifying guidance that provides significant exemptions.
The clarification offers major relief to existing visa holders and students but maintains the steep fee for new applicants from outside the United States.
Exemptions from the $100,000 fee.
Existing H-1B holders: The fee does not apply to current H-1B visa holders who are applying for extensions, renewals, or changes of employer.
Current U.S. visa holders: Individuals already in the United States on valid non-immigrant visas, such as F-1 student or L-1 intra-company transfer visas, are exempt when they apply for a change of status to H-1B.
Prior petitions: The fee does not apply to any petitions that were submitted before 12:01 a.m. ET on September 21, 2025, or to visas that were issued prior to this date.
Travel for existing holders: Current H-1B holders are free to travel in and out of the U.S. without being subject to the new fee.
National interest exemptions: In extremely rare circumstances, exemptions may be granted if an employer can prove the worker’s presence is in the national interest and no U.S. worker is available for the role.
The US government has clarified that the $100,000 H-1B visa fee applies only to new petitions filed for workers outside the country, exempting existing visa holders and those already in the US.
Key Highlights:
Who Pays: Employers sponsoring new foreign workers from abroad under the H-1B program
Who is Exempt:
– Existing H-1B visa holders seeking renewal or extension
– Individuals already inside the US changing from another visa status (e.g., F-1 or L-1) to H-1B
– Petitioners filed before September 21, 2025
Implications for Indian Techies:
– Around 300,000 Indian professionals currently hold H-1B visas in the US
– Indians account for roughly 70% of all new H-1B allocations each year
– The fee may discourage US companies from hiring skilled international workers, especially from India
Fee Structure:
– Previous H-1B visa fees ranged from $215 to $5,000
– The new $100,000 levy is 20 to 100 times higher, exceeding the median annual salary of many new visa holders
The clarification aims to ease concerns for current visa holders and renewals, while impacting future hiring and global recruitment.
Team: Creditmoneyfinance.com, Startupindia.club, Economiclawpractice.com