H-1B fee of $100,000 won’t apply to status change or extension cases: USCIS

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The $100,000 interest imposed by the Trump medication connected caller H-1B visa petitions volition not use to applicants seeking a "change of status" oregon "extension of stay", according to caller guidelines.

Issued by the United States Citizenship and Immigration Services (USCIS) connected Monday (October 20, 2025), the guidelines clarified the exemptions to President Donald Trump's September 19 proclamation, 'Restriction connected introduction of definite nonimmigrant workers', which volition rise the interest for caller H1-B visas to a steep $100,000 (approx ₹88 lakhs).

"The Proclamation does not use to immoderate antecedently issued and presently valid H-1B visas, oregon immoderate petitions submitted anterior to 12:01 a.m. eastbound daylight clip connected September 21, 2025," the USCIS said.

It added that the proclamation besides does not forestall immoderate existent H1-B holder from travelling successful and retired of the U.S.

The proclamation besides does not use to a petition filed astatine oregon aft "12:01 a.m. eastbound daylight clip connected September 21, 2025, that is requesting an amendment, alteration of status, oregon hold of enactment for an alien wrong the United States wherever the alien is granted specified amendment, change, oregon extension." However, if the USCIS determines that idiosyncratic is "ineligible for a alteration of presumption oregon an amendment oregon hold of stay", past the interest would apply.

A beneficiary volition not beryllium considered to beryllium taxable to the outgo if they subsequently depart the US and use for a visa based connected the approved petition and/or question to reenter the US connected a existent H-1B visa, it said.

The proclamation signed by the U.S. President raised the interest for H1-B visas to a staggering $100,000 annually, successful a determination that could adversely interaction Indian professionals connected visas successful the U.S.

Indians marque up an estimated 71% of each approved H-1B applications successful caller years, according to the USCIS. Companies wage to sponsor H-1B applicants.

The guidelines were issued days aft the U.S. Chamber of Commerce filed a suit against the Trump administration's determination to enforce the fee, describing it arsenic "misguided argumentation and plainly unlawful" enactment that could cripple American innovation and competitiveness.

The lawsuit, filed October 16 successful a territory tribunal successful Columbia, challenged the proclamation and said it exceeds the president’s lawful authority.

Tens of thousands of highly skilled radical successful specialised fields boost the American system each twelvemonth aft obtaining H-1B status, it said.

Published - October 21, 2025 02:55 p.m. IST

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