$100,000 H-1B visa fee: Who is exempt, who isn’t?

Many people were surprised and shocked when the Donald Trump administration announced the $100,000 (Rs 8.79 lakh) fee on H-1B visas in September. Those on the visas, many of whom were overseas visiting their families, including many in India, and their employers panicked.

Big tech firms like Microsoft sent emails urging their workers to come home immediately. Myriad stories of people dropping everything to rush home emerged.

However, the White House then clarified that the H-1B visa fee would only be applicable to new hires and not existing employees – putting workers and firms at ease.

Now, the Trump administration has issued a further clarification.

But what happened? Who is exempted and who isn’t?

Let’s take a closer look.

What happened? Who is exempt?

The United States Citizenship and Immigration Services (USCIS) put out a statement clarifying the presidential proclamation made on 19 September.

The USCIS in its updated guidance specified who would need to pay the fee, in what situations, and who would be exempt from paying it. The USCIS in its statement released on Sunday, October 20, said that the $100,000 (Rs 8.79 lakh) fee would not apply to those availing of a “change of status" in their visas.

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In this instance, a person changes their visa category without leaving America or seeks a longer stay. This applies to students in F-1 category – a non-immigrant visa for foreigners who want to study full-time at an accredited institution in the United States – and professionals in L-1 category. The L-1 visa is a non-immigrant US work visa that allows multinational companies to transfer employees from their foreign offices to their US offices.

“The Proclamation also does not apply to a petition filed at or after 12:01 a.m. Eastern Daylight Time on 21 September 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,” the guidance stated.

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“Further, an alien beneficiary of such petition will not be considered to be subject to the payment if he or she subsequently departs the United States and applies for a visa based on the approved petition and/or seeks to re-enter the United States on a current H-1B visa,” the guidance added.

The USCIS reiterated that the fee does not apply to those currently holding valid H-1B visas or to those petitions submitted before 21 September 2025.

“The Proclamation does not apply to any previously issued and currently valid H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on 21 September 2025,” USCIS stated.

“It says the fee only applies to cases filed for people outside the United States, so they can come in,” Dan Berger of Green & Spiegel told Forbes. “Employers were nervous about doing change of status because the $100k might apply if they travel.”

Who isn’t exempt?

All those workers outside the US and their employers who file for new H-1B visas at or after midnight on September 21 are not exempt from the $100,000 (Rs 8.79 lakh) fee.

“The Proclamation applies to new H-1B petitions filed at or after 12:01 a.m. eastern daylight time on 21 September 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa,” the USCIS said in its statement.

“The Proclamation also applies if a petition filed at or after 12:01 a.m. eastern daylight time on 21 September 2025, requests consular notification, port of entry notification, or pre-flight inspection for an alien in the United States.”

USCIS in its statement also said the $100,000 (Rs 8.79 lakh) H-1B fee would apply if it decides that the individual “is not in a valid non-immigrant visa status or if the alien departs the United States prior to adjudication of a change of status request.”

Essentially, new college graduates in the US who are sponsored for H-1B status will not have to pay the $100,000 (Rs 8.79 lakh) fee.

The agency has said that an online portal has been set up to pay the $100,000 (Rs 8.79 lakh) petition fee issued in the September 19 proclamation at pay.gov. USCIS stated:

“Petitioners should submit the required $100,000 (Rs 8.79 lakh) payment using pay.gov, following the instructions on pay.gov at the following link: https://www.pay.gov/public/form/start/1772005176”

Can request exemption in rare cases

The Trump administration had previously said employers can request an exemption if a worker’s presence is in the national interest and no American is available to fill the role. It added that the worker must not pose a threat to the security and welfare of the United States.

USCIS had previously said exemptions will be granted on rare occasions and only by the Secretary of Homeland Security under extraordinary circumstances.

“Exceptions to the $100,000 (Rs 8.79 lakh) payment are granted by the Secretary of Homeland Security in the extraordinarily rare circumstance where the Secretary has determined that a particular alien worker’s presence in the United States as an H-1B worker is in the national interest, that no American worker is available to fill the role, that the alien worker does not pose a threat to the security or welfare of the United States, and that requiring the petitioning employer to make the payment on the alien’s behalf would significantly undermine the interests of the United States. Petitioning employers who believe their alien worker satisfies this high threshold may seek an exception by sending their request and all supporting evidence to H1BExceptions@hq.dhs.gov
,” the guidance read.