In a significant update for Indian professionals and students in the United States, the Trump administration has provided clarity on exemptions to the contentious $100,000 H-1B visa fee introduced through a presidential proclamation in September.
The United States Citizenship and Immigration Services (USCIS) has released details on who is required to pay the H-1B visa fee, the accepted payment methods, and the circumstances under which applicants may be exempt. The USCIS specified that the fee applies to new H-1B petitions filed after September 21, 2025, for beneficiaries outside the US without a valid visa.
Additionally, the fee is applicable to petitions filed from within the US after September 21, 2025, if they request consular or port-of-entry processing, where visa stamping or inspection occurs at a US embassy abroad or at a US border or airport.
Exceptions to the fee include cases of “change of status” where individuals switch visa categories without leaving the US, such as transitioning from an F-1 student visa to an H-1B work visa.
The USCIS has assured existing H-1B visa holders and approved beneficiaries can travel freely to and from the US without restrictions. The fee does not apply to petitions for amendments, status changes, or extensions filed within the country. The agency clarified that previously issued and currently valid H-1B visas are not subject to the fee.
Secretary of Homeland Security Kristi Noem may grant waivers for the fee in rare circumstances, particularly when no American worker can fill the role or if the immigrant’s employment is in the national interest.
Employers are required to pay the fee if an application is denied by USCIS, rendering the individual ineligible for a status change or extension.
The USCIS has outlined the payment process for the $100,000 fee, directing that it be paid via pay.gov before submitting an H-1B petition. Applications lacking proof of exemption will be rejected.
The recent clarification follows legal action by the US Chamber of Commerce against the Trump administration over the H-1B visa fee hike, which was deemed “unlawful and harmful to small and medium-sized businesses.”