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In what will bring some relief to those seeking to apply for H1B visas in the US, the US Citizenship and Immigration Services on Monday (local time) has clarified that the USD 100,000 H1B visa fee will not apply to applicants seeking a "change of status" or "extension of stay", according to fresh guidelines.
USCIS confirmed that the $100,000 H-1B fee can be avoided if the applicant enters on a different visa (e.g. F-1 visa for international students, L-1 visa for international companies) and then switches to H-1B inside the US. They can re-enter the US on their H-1B and not be fined. The Proclamation applies to new H-1B petitions filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa. 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. As per the official website of USCIS, 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 and it does not prevent any holder of a current H-1B visa, or any alien beneficiary following petition approval, from traveling in and out of the United States. It further noted, the H-1B classification has an annual numerical cap of 65,000 new statuses/visas each fiscal year (with certain deductions and additions based on H-1B1 set asides and usage). An additional 20,000 petitions filed on behalf of beneficiaries who have earned a master's degree or higher from an American institution of higher education are exempt from the cap. Moreover, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities, a nonprofit research organization, or a government research organization, are not subject to this numerical cap, USCIS noted. Earlier on October 17, The US Chamber of Commerce had filed a legal challenge to the administration's $100,000 fee on H-1B visa petitions. The Trump administration has defended the policy, saying the visa program has long hurt American workers by allowing companies to import talent at the expense of domestic jobs. The White House had issued a fact sheet, justifying Trump's move to impose an annual fee of USD 100,000 on H-1B visa applications, citing concern over US workers being replaced with "lower-paid foreign labour". The White House stated that the share of IT workers with H-1B visas has risen from 32 per cent in FY 2003 to over 65 per cent in recent years, highlighting the growing unemployment among the US citizens due to the H-1B visas "abuse." (ANI)
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