USCIS clarifies $100,000 H-1B visa fee: One-time, not retroactive

The US Citizenship and Immigration Services (USCIS) has clarified that the recently announced $100,000 fee on H-1B visa applications will apply only to new petitions filed after September 21. Petitions submitted before the proclamation, along with renewals and currently approved visas, will not be affected.

“This proclamation only applies prospectively to petitions that have not yet been filed,” USCIS Director Joseph B Edlow said in a memorandum on Saturday. He stressed that the change does not impact existing visa holders or those with petitions already in process.

White House: ‘Not an annual fee’

White House Press Secretary Karoline Leavitt reinforced the clarification, addressing confusion that the new cost could be recurring.

“To be clear: This is NOT an annual fee. It’s a one-time fee that applies only to the petition. This applies only to new visas, not renewals, and not current visa holders,” she posted on X.

She further confirmed that H-1B professionals currently outside the United States will not face additional costs when re-entering. “H-1B visa holders can leave and re-enter the country to the same extent as they normally would; whatever ability they have to do that is not impacted by yesterday’s proclamation,” she said.

The new fee is expected to come into effect in the upcoming H-1B lottery cycle.

Concerns for Indian tech workers

The move has triggered concern in India, given that over 70% of H-1B visas are issued to Indian nationals, largely in the tech sector. The hike could affect Indian IT professionals, their families, and overall remittances, industry observers warned.

The Indian Ministry of External Affairs (MEA) said the decision is being closely studied by all stakeholders, including industry bodies, to understand the wider implications. “The Government has seen reports related to the proposed restrictions on the US H1B visa program. The full implications of the measure are being studied by all concerned, including by Indian industry,” the MEA spokesperson said in a statement.

The government also directed its missions and posts in the United States to assist Indian nationals, particularly those travelling back in the immediate term. Officials noted that sudden policy shifts could have “humanitarian consequences” by disrupting families and planned travel.

Industry awaits clarity

Both Indian and US tech industries are expected to engage in consultations over the coming weeks. The MEA stressed that industry in both countries has a “stake in innovation and creativity” and is likely to work together to address challenges stemming from the new policy.

While the clarification has reduced panic around renewals and current holders, uncertainty remains for future applicants facing the steep one-time cost.

- With inputs from agencies