Article Summary

USCIS has issued updated guidelines clarifying exemptions for a $100,000 H-1B visa fee, originally imposed by a Trump administration proclamation. The fee does not apply to existing H-1B visa holders seeking extensions, amendments, or changes of status from within the US, nor to petitions submitted before September 21, 2025. However, new H-1B petitions filed from September 21, 2025, onwards by applicants without a valid visa and outside the US are subject to the fee.

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For current H-1B visa holders and employers, these clarifications are a significant relief, ensuring that extensions, amendments, and in-country status changes are not burdened by the prohibitive $100,000 fee. This reduces financial uncertainty and allows for more stable workforce planning for companies relying on skilled foreign talent already in the US.

The initial imposition of such a substantial fee by the Trump administration created widespread anxiety and logistical challenges, prompting many visa holders to rush back to the US. This USCIS guidance aims to mitigate some of that impact, particularly for those already integrated into the US workforce, but it maintains a higher barrier for new entries from outside the country, affecting global talent acquisition strategies.

While the guidelines offer some clarity, the article notes ongoing discussions for further exemptions, particularly for healthcare professionals, which could indicate future policy adjustments. The continued application of the fee to new petitions from abroad highlights a persistent policy stance that could impact the inflow of new skilled talent, potentially pushing companies to explore talent acquisition in other nations or alternative visa categories like L-1.