USCIS clarifies exemptions to Trump’s $100,000 H-1B visa fee hike

The United States Citizenship and Immigration Services (USCIS) announced on Monday that the $100,000 fee for new H-1B visa petitions, introduced by the Trump administration, will not apply to individuals seeking a “change of status” or an “extension of stay.”

This clarification addresses concerns surrounding the September 19 proclamation, Restriction on Entry of Certain Nonimmigrant Workers, which significantly raised the fee for new H-1B applications to approximately $100,000 (₹88 lakh), reported The New Indian Express.

Exemptions outlined in the proclamation

The USCIS specified that “The Proclamation does not apply to any previously issued and currently valid H-1B visas, or any petitions submitted prior to 12:01 am Eastern Daylight Time on September 21, 2025.” Additionally, existing H-1B visa holders are not restricted from travelling to and from the United States. The proclamation also exempts petitions filed on or after “12:01 am Eastern Daylight Time on September 21, 2025, that are requesting an amendment, change of status, or extension of stay for an alien inside the United States where the alien is granted such amendment, change, or extension.”

Conditions for non-exempt cases

The agency noted that if an individual is deemed “ineligible for a change of status or an amendment or extension of stay,” the new $100,000 fee would apply. However, beneficiaries remain exempt if they leave the U.S. and apply for a visa based on an approved petition or seek re-entry using a valid H-1B visa.

Impact on Indian professionals

The fee hike, which is typically covered by sponsoring companies, is expected to disproportionately affect Indian professionals, who constitute about 71% of approved H-1B applications in recent years, according to USCIS data. The sharp increase has raised concerns about its potential to limit access to the H-1B program for highly skilled workers.

Legal pushback from the US Chamber of Commerce

The US Chamber of Commerce filed a lawsuit against the Trump administration on October 16 in a Washington, D.C. district court, challenging the fee increase as a “misguided policy and plainly unlawful.” The lawsuit argues that the proclamation exceeds the president’s authority and emphasises that H-1B visa holders contribute significantly to the US economy, supporting innovation and competitiveness.

The Trump administration justified the $100,000 fee by claiming that employers were replacing American workers with cheaper overseas talent. The policy has sparked debate about its implications for the US workforce and the broader economy.