Washington : The United States Citizenship and Immigration Services has clarified that the proposed $100,000 fee for H-1B visa applications will not apply to current visa holders, nor to those seeking extensions or changes in visa status. This update brings significant relief to thousands of foreign professionals and students working or studying in the country.

Under the revised guidelines, individuals transitioning from other visa categories such as F-1 (student) or L-1 (intra-company transfer) to H-1B status will not be required to pay the new fee. USCIS confirmed that these applicants can re-enter the United States without facing penalties.

The clarification follows widespread confusion over the initial announcement, which raised concerns that existing H-1B holders might face difficulties when returning to the country. USCIS addressed these fears directly, stating that amendments, status changes, or extensions filed within the United States will not trigger the fee.

The $100,000 charge will only apply to new H-1B petitions submitted on or after September 21, 2025. It specifically targets applicants outside the United States who do not currently hold a valid H-1B visa. The fee also applies to petitions requesting consular processing, port-of-entry notification, or pre-flight inspection.

USCIS emphasized that valid visas and petitions filed before the September deadline remain unaffected. Current H-1B holders can continue traveling in and out of the country without restrictions related to the new fee.

The H-1B program maintains an annual cap of 65,000 new visas, with an additional 20,000 reserved for applicants holding advanced degrees from U.S. institutions. Certain employers, including universities, nonprofit organizations, and government research bodies, are exempt from this cap.

Legal opposition to the fee has already emerged. On October 17, the U.S. Chamber of Commerce filed a lawsuit challenging the measure, arguing that it is unlawful and could negatively impact American businesses. The Chamber warned that the fee might force companies to raise labor costs or reduce hiring, ultimately harming the country’s competitiveness.

The administration defended the fee, citing concerns that the H-1B program has led to the replacement of domestic workers with lower-paid foreign labor. The debate continues as stakeholders await further developments and potential policy adjustments.