New Guidelines Exempt H-1B Visa Applicants from $100,000 Fee

The United States Citizenship and Immigration Services (USCIS) has issued new guidelines clarifying exemptions to the Trump administration's imposition of a $100,000 fee on new H-1B visa petitions. The guidelines state that applicants seeking a 'change of status' or 'extension of stay' will not be required to pay this hefty fee.

According to the proclamation issued by President Donald Trump, the increased fee aims to restrict entry of certain nonimmigrant workers. Notably, the fee does not affect currently valid H-1B visas or petitions filed before the effective date of September 21, 2025. Indian professionals, who constitute a significant share of H-1B visa holders, could be significantly impacted by this decision.

The announcement came amidst a lawsuit filed by the US Chamber of Commerce, challenging the administration's fee increase as potentially harming American innovation and competitiveness. The lawsuit contends that the proclamation overreaches presidential authority and could hinder economic contributions from highly skilled specialists.