Washington DC [US], October 21 (ANI): The US Citizenship and Immigration Services (USCIS) on Monday clarified that the USD 100,000 fee for H-1B visa applications will not apply to applicants seeking a “change of status” or an “extension of stay,” providing relief to many prospective visa holders.
Under the new guidelines, the fee can be avoided if an applicant enters the US on a different visa, such as an F-1 for international students or an L-1 for employees of international companies, and then switches to H-1B status while inside the country. These applicants may later re-enter the US on their H-1B visa without incurring the fee.
The Proclamation covers new H-1B petitions filed at or after 12:01 a.m. EDT on September 21, 2025, for beneficiaries outside the US who do not already hold a valid H-1B visa. It also applies to petitions requesting consular notification, port of entry notification, or pre-flight inspection for applicants in the US. However, it does not affect currently valid H-1B visas or petitions filed before the cutoff date.
The USCIS noted that the H-1B category has an annual numerical cap of 65,000 new visas, with an additional 20,000 for beneficiaries holding a US master’s degree or higher. Certain H-1B workers, including those employed at higher education institutions, nonprofit research organizations, or government research entities, are exempt from the cap.
Earlier this month, the US Chamber of Commerce challenged the $100,000 fee in court, while the Trump administration defended the policy, citing concerns that the H-1B program had displaced US workers with lower-paid foreign labor. The administration highlighted that the proportion of IT workers on H-1B visas has risen from 32% in FY 2003 to over 65% in recent years, signaling increased pressure on domestic employment. (ANI)
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