US $100,000 H-1B visa fee: Who needs to pay and who doesn’t | Understanding rules and exemptions

The fee applies to new H-1B petitions filed from midnight on September 21, 2025 onwards for individuals outside the United States without a valid visa. (Representational Image)

The Trump administration’s announcement of a $100,000 (Rs 87.9 lakh) fee on H-1B visas in September caused immediate alarm for workers and employers alike. Many H-1B holders visiting families abroad, including a significant number from India, were thrown into panic. Major tech companies such as Microsoft sent urgent messages urging employees to return to the United States immediately, while stories surfaced of professionals abruptly leaving everything behind to rush home.

Soon after, the White House clarified that the fee would only affect new hires and not existing H-1B holders, offering some relief. On October 20, the United States Citizenship and Immigration Services (USCIS) released further guidance detailing exactly who is exempt and who must pay the fee.

The USCIS explained that the $100,000 charge does not apply to those seeking a “change of status” within the United States. This includes students on F-1 visas pursuing full-time study and professionals on L-1 visas transferring within multinational companies. As the statement clarified, “The Proclamation also does not apply to a petition filed at or after 12:01 a.m. Eastern Daylight Time on 21 September 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.” The agency added, “Further, an alien beneficiary of such 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.”

USCIS confirmed that those already holding valid H-1B visas or with petitions submitted before 21 September 2025 are not liable for the fee. Dan Berger from Green & Spiegel explained to Forbes, “It says the fee only applies to cases filed for people outside the United States, so they can come in. Employers were nervous about doing change of status because the $100k might apply if they travel.”

The fee applies to new H-1B petitions filed from midnight on 21 September 2025 onwards for individuals outside the United States without a valid visa. USCIS stated, “The Proclamation applies to new H-1B petitions filed at or after 12:01 a.m. eastern daylight time on 21 September 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa.” The proclamation also applies to petitions requesting consular notification, port of entry notification, or pre-flight inspection for an alien in the United States.

The agency further warned that the fee applies if the applicant is not in valid non-immigrant status or leaves the US before a change of status request is adjudicated. New US college graduates sponsored for H-1B visas will therefore not be required to pay the $100,000 fee. USCIS has set up an online portal for payment at pay.gov, noting, “Petitioners should submit the required $100,000 (Rs 87.9 lakh) payment using pay.gov, following the instructions on pay.gov at the following link: https://www.pay.gov/public/form/start/1772005176.”

In rare cases, employers may request exemptions. USCIS guidance explains, “Exceptions to the $100,000 (Rs 87.9 lakh) payment are granted by the Secretary of Homeland Security in the extraordinarily rare circumstance where the Secretary has determined that a particular alien worker’s presence in the United States as an H-1B worker is in the national interest, that no American worker is available to fill the role, that the alien worker does not pose a threat to the security or welfare of the United States, and that requiring the petitioning employer to make the payment on the alien’s behalf would significantly undermine the interests of the United States. Petitioning employers who believe their alien worker satisfies this high threshold may seek an exception by sending their request and all supporting evidence to H1BExceptions@hq.dhs.gov.”

This clarification brings much-needed clarity to workers and employers, distinguishing between new hires subject to the fee and existing visa holders who remain unaffected.