In a major clarification to the controversial $100,000 H-1B visa fee proposal, the US government has confirmed that the hefty cost will not apply across the board.
According to the new guidance issued on Monday, October 20 (US time), the fee will only impact new H-1B visa applicants applying from outside the United States. This means current H-1B holders, foreign nationals on student visas, and those already present in the country changing their status will not be required to pay. The update offers much-needed clarity for visa sponsors, employers, and skilled workers amid the ongoing H-1B immigration row.
USCIS update – Who will pay the new H-1B visa fee?
“The Proclamation applies to new H-1B petitions filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa,” the USCIS said on Monday. “The Proclamation also applies if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests consular notification, port of entry notification, or pre-flight inspection for an alien in the United States.”
Here, the important point to note is that federal authorities have now confirmed that the blanket visa fee would not be applicable to a “change of status.” It means that foreign nationals transitioning from a visa category, like student status F-1 to the H-1B specialty occupations nonimmigrant classification, will not be needed to pay the $100,000 fee.
The USCIS clarification notes, “The Proclamation also does not apply to a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, that is requesting an amendment, change of status, or extension of stay for an alien inside the United States where the alien is granted such amendment, change, or extension.”
Furthermore, the USCIS update explicitly confirms, “an alien beneficiary of such petition will not be considered to be subject to the payment if he or she subsequently departs the United States and applies for a visa based on the approved petition and/or seeks to reenter the United States on a current H-1B visa.”
Forbes further quoted Green & Spiegel’s Dan Berger saying, “It says the fee only applies to cases filed for people outside the United States, so they can come in. Employers were nervous about doing change of status because the $100k might apply if they travel.”
H-1B visa fee requirement – ‘Rare exceptions’
The guidance states the Secretary of Homeland Security, currently Kristi Noem, will be granting exceptions to the $100,000 payment. Such affirmative responses will be granted in the case of an “extraordinarily rare circumstance” where it would be determined that a foreign national worker’s presence on the H-1B visa is in the “national interest,” with “no American worker… available to fill the role,” and the international individual doesn’t pose a threat to US security.
The official update also highlights that such a worker would classify as an exception if ” requiring the petitioning employer to make the payment on the alien’s behalf would significantly undermine the interests of the United States.”
