The recent announcement made by the U.S. Citizenship and Immigration Services (USCIS) will provide significant relief to thousands of Indian nationals who are currently working in the U.S. under H-1B status. Despite initial fears to the contrary, the new USD 100,000 visa fee, will not apply to any existing holders of the H-1B status residing and working in America.
This fee only will apply to new applicants filing outside of the U.S. and to the adjustment of status and extension of status while in the U.S. It does not pertain to amendments of current H-1B holders. Since nearly three-quarters of all H-1B visa holders are from India, this clarification will help to ensure stability for the employees and the U.S. firms that depend on Indian talent in the technology and other research domains.
Check Out: US H-1B and L-1 Visa Reform: What the New Bill Could Mean?
Who Needs to Pay the $100,000 Fee?
The $100,000 H-1B visa fee is only applicable to narrow categories of applicants, aimed primarily at new beneficiaries coming from outside the United States. Specifically, those who are filing their first-time H-1B petition abroad (and will need visa stamping at a U.S. consulate) must pay this fee.
The rule also applies to all beneficiaries who are no longer in valid H-1B status and will be entering the United States under this program for the first time. If any petition is filed for those subject to the fee for a petition filed on or after September 21, 2025, the fee must be included otherwise USCIS will reject the petition.
Exempt from this fee are individuals who already possess an H-1B visa and are physically located in the United States with valid status who are seeking extensions, amendments, or transfers. This fee is particularly burdensome for employers that sponsor new hires from other countries would significantly raise the cost of bringing individuals from outside the United States.
Who Is Exempt from the New $100,000 H-1B Visa Fee?
As of October 21, 2025, the U.S. Citizenship and Immigration Services (USCIS) has clarified who is exempt from the new $100,000 H-1B visa fee, primarily for new petitions for workers outside the United States.
Current holders of an H-1B visa do not need to pay this fee, regardless of whether they left the country and returned. New petitions for change of status or extension of stay as well as amendments, while the individual is physically present in the United States, do not incur the fee, either.
Individuals on F-1 (student) or L-1 (intra-company transferee) will also not incur a fee when applying for an H-1B while applying for a change of status. Certain categories of individuals, healthcare professionals specifically, may become exempt due to special circumstances. Employers will be required to provide documentation to the Department of Homeland Security to demonstrate exemption eligibility and national interest.
Conclusion
In conclusion, although the new $100,000 fee for the H-1B visa is intimidating, many applicants remain insulated by clearly assigned exemptions. Current H-1B holders, applicants for extensions of their status or transfers of status within the United States, and certain visa categories such as F-1 and L-1, are unaffected. In addition, professionals in designated essential areas may be eligible for specific exemptions. Understanding the exemptions to the H-1B fee means that qualified workers, and the employers who wish to employ them, can proceed through the H-1B process without incurring undue costs.
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