Trump administration clarifies who is exempt from $100,000 H-1B visa fee
New Delhi, Oct 21: In a major relief for existing H-1B visa holders and recent international graduates in the United States, the US Citizenship and Immigration Services (USCIS) has clarified that the newly imposed $100,000 H-1B visa fee will not apply to individuals changing their visa status within the country or extending their stay.
According to NDTV, the clarification — issued by Team Trump on October 20 — states that the fee will apply only to new petitions for workers outside the United States or for those who must leave the country before their application is processed.
“The proclamation applies to new H-1B petitions filed at or after 12:01 a.m. EDT on September 21, 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa,” the USCIS said in its statement. It added that current H-1B holders will continue to be allowed to leave and re-enter the US without restrictions. The clarification comes after weeks of confusion following President Donald Trump’s September 19 proclamation introducing the steep fee, which drew criticism from US employers and visa holders — particularly from India — for its potential to disrupt the tech and education sectors. The new guidance also covers college graduates on F-1 student visas and employees on L-1 work visas, confirming that those already residing in the US will not be subject to the additional charge. While the administration has not announced any blanket exemptions, employers can still request waivers if they can demonstrate that hiring a foreign worker serves the national interest and no qualified American is available for the role. NDTV reported that the Trump administration has also launched an online portal for payment of the new petition fee. The controversial policy — aimed, according to officials, at curbing “abuse” of the H-1B program — faces legal challenges amid warnings it could harm industries that depend heavily on skilled foreign labour.
