US offers clarity on $100,000 H-1B visa fee: Who pays, who is exempt and what it means for Indian techies

Indians make up an estimated 71 percent of all approved H-1B applications in recent years, according to the USCIS. Companies pay to sponsor H-1B applicants

The US Citizenship and Immigration Services (USCIS) issue further clarification on the change in H-1B visa norms, providing major relief to thousands of Indian IT professionals.

The US administration has provided an update on the changes, clarifying who will fall under the new H-1B visa fee of $100,000 (approx Rs 88 lakhs) and who will be exempted from it.

Who will have to pay the fee under the new visa laws?

-The citizenship and immigration agency, in the fresh guidelines issue on October 20, said the new fee will not be applicable on those applicants who are seeking a “change of status” or “extension of stay”.

“The proclamation also does not apply to a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, that is requesting an amendment, change of status, or extension of stay for an alien inside the United States where the alien is granted such amendment, change, or extension. However, if the USCIS determines that person is ineligible for a change of status or an amendment or extension of stay, then the fee would apply,” the US agency said.

-In addition, those workers without a valid H-1B visa, those seeking port of entry notification for workers in the US, or in cases where the applicant’s petition for change of status and extension has been cancelled have to pay the $100,000 fee.

“The Proclamation also applies if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests consular notification, port of entry notification, or pre-flight inspection for an alien in the United States.”

Who all are exempt

Three major segments of applicants won’t have to worry about the hefty fee. These are workers who already have a valid H-1B visa, applicants who have submitted their petitions before 12:01 EDT on September 21, 2025 and those requesting for amendments, change of status or extension to stay in the US, where the case has been approved.

The fresh guidelines further clarified that the proclamation does not prevent any current H1-B holder from travelling in and out of the US.

A beneficiary will not be considered to be subject to the payment if they subsequently depart the US and apply for a visa based on the approved petition and/or seek to reenter the US on a current H-1B visa, it said.

When was the proclamation issued?

The proclamation signed by the US President Donald Trump in September raised the fee for H1-B visas to a staggering $100,000 annually, in a move that could adversely impact Indian professionals on visas in the US.

Indians make up an estimated 71 percent of all approved H-1B applications in recent years, according to the USCIS. Companies pay to sponsor H-1B applicants.

The guidelines were issued days after the US Chamber of Commerce filed a lawsuit against the Trump administration's decision to impose the fee, describing it as "misguided policy and plainly unlawful" action that could cripple American innovation and competitiveness.