The United States Citizenship and Immigration Services (USCIS) has clarified that the USD 100,000 fee announced by the Trump administration for new H-1B visa petitions will not apply to those seeking a “change of status” or an “extension of stay.”
The clarification, issued on Monday, outlined exemptions to US President Donald Trump’s September 19 proclamation, 'Restriction on entry of certain nonimmigrant workers', which sharply increased the fee for new H-1B applications to about USD 100,000 (around ₹88 lakh).
“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,” the USCIS said.
It further stated that the new rule does not restrict existing H-1B visa holders from travelling to and from the United States.
The proclamation also does not cover petitions filed on or after “12:01 am eastern daylight time on September 21, 2025, that is 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.”
However, the agency said that if a person is found “ineligible for a change of status or an amendment or extension of stay,” the new fee would apply.
It added that a beneficiary would remain exempt from the payment if they later leave the US and apply for a visa based on an approved petition, or seek re-entry using a valid H-1B visa.
Notably, Trump’s proclamation raised the H-1B visa fee to USD 100,000 annually — a move expected to hit Indian professionals the hardest. Indians account for about 71% of all approved H-1B applications in recent years, according to USCIS data. Companies typically bear the cost of sponsoring H-1B workers.
The clarification comes days after the US Chamber of Commerce sued the Trump administration over the decision, calling it a “misguided policy and plainly unlawful” measure that could hurt American innovation and competitiveness.
Filed on October 16 in a district court in Washington DC, the lawsuit argues that the proclamation exceeds the president’s lawful authority and notes that tens of thousands of highly skilled professionals on H-1B visas contribute significantly to the US economy each year.
