Article Summary

USCIS has clarified that the new $100,000 H-1B fee, introduced by the Trump administration and effective September 21, 2025, applies only to new overseas petitions. Current H-1B visa holders, F-1 students changing status, and L-1 visa holders applying from within the U.S. are exempt from this fee. This update provides significant relief for many Indian workers and students already in the U.S. or seeking extensions.

TNP AI: Key Insights

The initial announcement of the $100,000 H-1B fee caused widespread anxiety among current visa holders and employers, fearing a universal application. This USCIS clarification provides critical relief by limiting the fee's scope primarily to new overseas petitions, thereby stabilizing the situation for in-country transitions and extensions.

While this exemption offers comfort to existing H-1B professionals and F-1/L-1 visa holders transitioning within the U.S., the substantial fee for new overseas hires will still significantly impact employer decisions. This move could encourage companies to prioritize domestic talent or those already in the U.S., potentially making it more challenging for international talent outside the U.S. to secure H-1B sponsorship.