US updates $100,000 H-1B fee: Visa holders get major relief
Legal challenges arise over proposed H-1B visa fee
The US Citizenship and Immigration Services (USCIS) has clarified that the proposed $100,000 H-1B visa fee will not apply to current visa holders, extensions, or change of status applications, offering a major relief to foreign workers and students.
Fee exemptions for key visa holders
According to the new guidelines, H-1B workers who switch from other visa categories, such as F-1 (student) or L-1 (intra-company transfer), will not be subjected to the $100,000 fee. USCIS confirmed that these workers can re-enter the US on H-1B status without any penalties.
The clarification comes after confusion over the proclamation, which seemed to suggest that current H-1B holders might face hurdles returning to the US.
“H-1B workers applying for an amendment, change of status, or extension of stay within the United States won’t be subjected to the hefty payment,” USCIS said.
Scope of the proclamation
The fee only applies to new H-1B petitions filed on or after September 21, 2025, for beneficiaries outside the US without a valid H-1B visa. It also covers petitions requesting consular notification, port-of-entry notification, or pre-flight inspection for aliens in the US.
USCIS emphasised that existing valid H-1B visas or petitions submitted before September 21, 2025, are not affected, and current visa holders can travel in and out of the US freely.
Annual caps and exemptions
The H-1B program has a 65,000 annual cap for new visas, plus 20,000 additional visas for beneficiaries with a US master’s degree or higher.
Workers employed by universities, affiliated nonprofits, research organisations, or government research institutions are exempt from the cap.
Legal challenges to the $100,000 fee
The US Chamber of Commerce filed a lawsuit on October 17, challenging the fee as “unlawful” and harmful to American businesses. The administration defended the fee, citing concerns that H-1B visas have replaced domestic workers with lower-paid foreign labour.
“The fee could force companies to increase labour costs or hire fewer skilled employees, harming US competitiveness,” the Chamber argued.
This follows a previous legal challenge by unions, educational professionals, and religious organisations in early October.
Key takeaways
Fee applies only to new H-1B petitions filed after Sept 21, 2025
Current H-1B holders are exempt
Change of status, amendments, and extensions within the US are exempt
USCIS provides online payment link only for new applicants
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