Article Summary

USCIS has clarified that the new $100,000 H-1B visa fee, stemming from a recent proclamation, will not apply to individuals seeking a 'change of status' or 'extension of stay' while already in the United States. This exemption also covers previously issued H-1B visas and petitions filed before September 21, 2025, easing uncertainty for foreign professionals and US companies. The clarification means international students and intra-company transferees can transition to H-1B without the fee, provided they maintain valid visa status.

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This news is crucial as it removes a major financial barrier and uncertainty for thousands of international students and professionals currently in the U.S. who aspire to transition to H-1B status or extend their existing visas, directly impacting their career planning and financial stability.

The $100,000 fee was initially introduced as part of a September 19 proclamation by the Trump administration, which had caused widespread confusion and concern about its broad application. This latest clarification walks back some of the initial perceived severity and scope of that proclamation.

For tech startups and other employers, this means they can continue to convert eligible foreign talent already within the U.S. to H-1B status without incurring an exorbitant additional fee, thereby preserving their talent pipelines and reducing operational costs. For individuals, it alleviates the stress of a potentially prohibitive cost for maintaining or changing their immigration status.

While this specific clarification provides immediate relief, the broader legal challenge by the US Chamber of Commerce against the proclamation itself indicates ongoing contention regarding the administration's authority on immigration fees. This suggests that while immediate relief is granted, the underlying policy could still face further legal scrutiny and potential changes.