WASHINGTON, Oct 21 — The US Citizenship and Immigration Services (USCIS) has clarified that the recently announced USD 100,000 fee for H-1B visa petitions, part of President Donald Trump’s September 19 proclamation, will not apply to those seeking extensions or status amendments.
In a statement issued Monday, USCIS said the order titled ‘Restriction on entry of certain nonimmigrant workers’ applies only to new visa petitions filed after September 21, 2025. “The proclamation does not apply to any previously issued or valid H-1B visas, nor to petitions submitted prior to 12:01 am EDT on September 21,” the agency stated.
It further explained that the exemption extends to cases where a petition requests a “change of status” or “extension of stay” for workers already residing in the United States. However, if an applicant is deemed ineligible for these categories, the fee would be charged.
The guidelines also confirmed that current H-1B holders will be allowed to travel freely in and out of the US without being affected by the new rule.
The Trump administration’s decision to raise the H-1B fee to USD 100,000 annually — nearly INR 88 lakh — has triggered widespread concern among tech companies and foreign professionals, particularly Indians, who account for over 70 per cent of approved H-1B applications in recent years.
The US Chamber of Commerce has already filed a lawsuit against the proclamation, calling it an “unlawful overreach” that could “cripple American innovation and competitiveness.” The case, filed on October 16 in the District Court of Columbia, argues that the president’s directive exceeds lawful authority.
Industry experts warn the steep fee could discourage global talent from working in the US. “This will hit not just Indian engineers and IT professionals but also US companies that rely heavily on specialized talent,” an immigration consultant said.
The H-1B visa program allows skilled workers in fields such as technology, engineering, and healthcare to work in the US — a system that employers say remains vital to sustaining innovation and growth in key sectors.
