The United States Citizenship and Immigration Services (USCIS) has clarified the details of the controversial $100,000 H-1B visa fee introduced by President Donald Trump last month, bringing relief to thousands of professionals and employers who were uncertain about its scope.
According to the latest guidance issued on October 20, 2025, the new fee applies only to fresh H-1B petitions filed for foreign workers located outside the United States. Existing visa holders, students, or professionals already residing in the US will not be required to pay the hefty amount.
The new rule, which came into effect from September 21, 2025, was introduced under a presidential proclamation aimed at &ldquo;protecting American jobs&rdquo; and preventing what the administration described as &ldquo;abuse&rdquo; of the H-1B visa programme. The annual $100,000 charge, equivalent to nearly ₹90 lakh, must be paid by employers at the time of filing petitions for new workers abroad.
The USCIS further confirmed that the fee will not apply to individuals transitioning from other visa categories such as F-1 (student) or L-1 (intra-company transfer) to H-1B while inside the country. It will also not affect current H-1B holders seeking renewals, extensions, or amendments to their stay. Those with valid visas can continue to travel freely in and out of the US without restriction.
However, the fee is mandatory for new petitions involving workers outside the United States or cases requiring consular processing for applicants based abroad. USCIS has also launched a dedicated online portal for employers to process and pay the new charge.
Employers, not visa holders, are responsible for the payment. Still, several industry bodies have expressed concern that the steep cost could discourage US companies from hiring skilled foreign professionals, especially from India.
The H-1B programme remains vital to India&rsquo;s tech and skilled workforce, with about 300,000 Indian professionals currently holding H-1B visas. Indians make up around 70 percent of all new allocations each year. Previously, visa fees ranged between $215 and $5,000, meaning the new rule increases costs by up to 100 times, prompting experts to warn it could severely impact Indian workers and the US tech sector alike.

US clarifies $100,000 H-1B visa fee rules

USCIS confirms $100,000 H-1B fee applies to new foreign petitions, not existing holders

US clarifies $100,000 H-1B visa fee rules

USCIS confirms $100,000 H-1B fee applies to new foreign petitions, not existing holders

October 21, 2025 | 13:49 IST