Trump Administration Clarifies $100,000 H-1B Visa Fee

The Trump administration has issued new guidance on the controversial $100,000 H-1B visa fee, providing relief to existing visa holders, including Indian students and multinational employees. The United States Citizenship and Immigration Services (USCIS) clarified that the hefty fee imposed by President Donald Trump’s September 19, 2025 proclamation will not affect international college graduates already in the US who are transitioning to H-1B status. This clarification comes after weeks of confusion surrounding the H-1B visa fee and its implications for global workers and employers.

Under the new USCIS guidance, individuals changing their visa status within the US, such as F-1 students moving to H-1B status or employees on L-1 visas, are exempt from paying the $100,000 H-1B fee. Current H-1B visa holders are also allowed to leave and re-enter the United States without facing penalties or additional charges. The H-1B visa fee will only apply to new petitions filed for beneficiaries outside the US or those required to leave the country before adjudication. This move aims to provide clarity on the H-1B visa fee and reduce disruption for international students and employees already contributing to the US workforce.

The USCIS highlighted that petitions filed on or after September 21, 2025, for individuals outside the US will be subject to the $100,000 H-1B visa fee. Employers can request exceptions if the worker’s role is considered in the national interest and no American citizen is available to fill the position. While the Trump administration did not approve blanket waivers for any industries, this H-1B visa fee guidance ensures that foreign graduates and employees already in the US are shielded from the disruptive charge.

Indian students and tech professionals, among the largest groups affected by the H-1B visa programme, welcomed the clarification. The H-1B visa fee had initially caused uncertainty for thousands of F-1 visa holders, L-1 employees, and current H-1B holders, many of whom feared paying $100,000 simply to maintain their work status. The USCIS portal has been updated to facilitate the payment of the H-1B visa fee for applicable petitions, streamlining the process for new applicants while exempting existing visa holders.

The Trump administration’s H-1B visa fee was intended to curb alleged program misuse and address concerns about foreign labor in the tech sector. However, critics warned that the $100,000 H-1B visa fee could harm industries dependent on global talent. By clarifying exemptions for current visa holders, international graduates, and L-1 employees, the administration aims to balance regulatory goals with the practical needs of the US workforce.

As global students and skilled workers continue to navigate visa regulations, this latest USCIS guidance provides significant relief and stability. The $100,000 H-1B visa fee remains in effect for new beneficiaries outside the US, but the exemption for those already contributing to the American economy is expected to reduce confusion, encourage compliance, and safeguard talent across multiple sectors.