H-1B fee of $100,000 won’t apply to status change, extension cases: USCIS

New York/New Delhi: The United States Citizenship and Immigration Services (USCIS) on Monday issued new guidelines clarifying that the steep USD 100,000 fee announced by the Trump administration for new H-1B visa petitions will not apply to individuals seeking a “change of status” or “extension of stay.” The clarification narrows the scope of President Donald Trump’s September 19 proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers”, which had triggered widespread concern among employers and foreign professionals alike.

According to the USCIS, the USD 100,000 (approximately INR 88 lakh) fee applies only to new H-1B petitions filed for workers outside the United States who seek to enter the country. “The Proclamation does not apply to any previously issued and currently valid H-1B visas or any petitions submitted prior to 12:01 a.m. Eastern Daylight Time on September 21, 2025,” the agency said. It further clarified that current H-1B holders would not be restricted from travelling in and out of the country under the new rule.

The agency explained that the fee exemption extends to petitions involving a “change of status”, such as when a foreign national transitions from an F-1 student visa to H-1B employment status without leaving the US. It also applies to amendments or extensions for those already in valid H-1B status. “It says the fee only applies to cases filed for people outside the United States, so they can come in,” Dan Berger of the immigration law firm Green & Spiegel told Forbes. “Employers were nervous about doing change of status because the $100k might apply if they travel,” he added.

The guidelines further specify that the proclamation does not apply to petitions filed at or after “12:01 a.m. Eastern Daylight Time on September 21, 2025” if they request an amendment, change of status, or extension of stay for an individual already inside the country and approved for such changes. Moreover, a beneficiary of such a petition “will not be considered to be subject to the payment if he or she subsequently departs the United States and applies for a visa based on the approved petition and/or seeks to re-enter the United States on a current H-1B visa,” the USCIS said.

However, if the agency determines that an individual is ineligible for a change of status or extension of stay, the USD 100,000 fee would then apply.

The Trump administration’s proclamation, which raised the H-1B visa fee to an unprecedented level, has faced intense backlash from business and technology groups. The US Chamber of Commerce filed a lawsuit on October 16 in a district court in Columbia, calling the measure a “misguided policy and plainly unlawful” act that exceeds presidential authority. The lawsuit argued that the move could severely damage American innovation and competitiveness, as tens of thousands of highly skilled foreign professionals contribute significantly to the country’s economy each year under the H-1B programme.

Under the current federal cap mandated by Congress, the United States grants up to 65,000 H-1B visas annually, with an additional 20,000 reserved for individuals holding master’s or higher degrees from US institutions. Indian nationals make up an estimated 71 per cent of all approved H-1B applications in recent years, according to USCIS data.