The U.S. Citizenship and Immigration Services (USCIS) has clarified that the newly introduced $100,000 fee for H-1B visa petitions will not affect applicants seeking to extend their stay or change their status within the United States. The announcement follows President Donald Trump’s September 19, 2025, proclamation, which raised the cost of new H-1B visas for foreign workers entering the U.S.
USCIS confirmed that the fee does not apply to previously issued or currently valid H-1B visas. “The proclamation does not apply to any petitions submitted prior to 12:01 a.m. Eastern Daylight Time on September 21, 2025,” the agency stated. Existing H-1B workers can continue traveling internationally without restrictions.
Workers already in the U.S. who file for an amendment, change of status, or extension of stay on or after September 21 are exempt from the $100,000 fee if approved by USCIS. The fee applies only if the applicant is deemed ineligible. Individuals who depart the U.S. and apply for a visa based on an approved petition, or reenter with a valid H-1B, are not required to pay the fee.
Indians account for approximately 71% of all H-1B approvals in recent years. The new fee structure could significantly affect Indian professionals and the companies that sponsor them. Employers may face increased costs, potentially limiting access to highly skilled talent in technology, healthcare, and other specialized sectors.
The U.S. Chamber of Commerce filed a lawsuit on October 16, 2025, challenging the fee as “misguided policy and plainly unlawful.” The organization argues the proclamation exceeds presidential authority and could stifle U.S. innovation and competitiveness by making the H-1B program cost-prohibitive.
USCIS’s updated guidance offers clarity for employers and foreign workers navigating the new fee structure. H-1B holders seeking status changes or extensions now have defined exemptions, ensuring continuity of employment without the unprecedented $100,000 charge.
For detailed guidance on H-1B exemptions and filing procedures, visit the USCIS H-1B Specialty Occupations page.
