The US government in September last year imposed a massive $100,000 fee on certain new H-1B visa applications. At the same time, visa stamping appointments and interviews at US consulates, especially in India, are facing long delays. Now, an immigration lawyer says something even more confusing is happening behind the scenes.
Immigration attorney Kevin J. Andrews says he is seeing unusual delays in H-1B premium processing cases. Premium processing is supposed to give a decision within 15 business days. But that is not happening in some cases.
He describes one example of a worker outside the United States, who has a valid, unexpired H-1B visa stamp and the employer filed a new petition with premium processing. No Request for Evidence (RFE) was issued. Yet the case is not moving.
“Suspended indefinitely,” Andrews wrote.
He asks, “Why would USCIS pump the brakes on a case that should sail through in 15 business days?”
The $100,000 fee and who is exempt
On September 21, 2025, the government introduced a $100,000 fee for certain H-1B cases. But not everyone has to pay it.
USCIS clearly said some people are exempt. These include workers who are changing status inside the US, extensions or amendments for people already working in the country, and anyone holding a “previously issued and currently valid H-1B visa.”
If a worker is outside the US but still has a valid H-1B visa stamp in their passport, they do not need a new visa interview. They just need their new petition approved. That means no $100,000 fee. Andrews says this exemption is not a mistake. It is clearly written.
The fear of a delay strategy
The problem, according to Andrews, is timing. If USCIS delays approving a petition until after the worker’s visa stamp expires, that worker will need a new visa interview at a US consulate. And at that stage, the $100,000 fee could apply. In simple words, the rule does not change. But if your visa expires while waiting, you may lose your exemption.
“That’s not immigrants exploiting a loophole,” Andrews wrote. “That’s a government agency exploiting its own bureaucracy to eliminate exemptions it can’t lawfully revoke.” He says he cannot prove this is intentional. But he believes the “incentive structure exists” and the “processing anomalies exist.”
Questions that still have no answers
The American Immigration Lawyers Association (AILA) sent questions to the government on October 1, 2025. One key question was about timing.
If someone is outside the US and a new H-1B petition is filed for them, does the $100,000 fee apply or not?
AILA asked clearly, at what point does the government decide whether someone is “currently outside the United States,” when the rule took effect or when the petition is filed? Three months later, Andrews says there has been no clear response.
Meanwhile, the Department of Homeland Security (DHS) has publicly said it wants to close what it calls “loopholes” in the H-1B system. It has increased site visits, audits, and investigations of employers.
Cases being held without explanation
According to Andrews and other lawyers, some cases that may be exempt from the $100,000 fee are simply being held. They are not denied. They are not sent an RFE. They are just not moving. He says practitioner discussions suggest these cases are being held until USCIS headquarters gives more guidance.
This has happened before. In 2017, internal emails showed that USCIS service centers held H-1B cases while waiting for training materials and instructions. “When USCIS doesn’t know how to adjudicate something, they sit on it until they get further guidance,” Andrews said.
More problems at consulates
The situation is made worse by changes at US consulates. Third-country visa processing has been eliminated. Many applicants must now attend interviews in their home country. Interview waiver or “dropbox” options have mostly ended.
New policies have also increased security checks and social media vetting. This has caused appointment delays of three to six months in many places. In India, some H-1B interview slots are being pushed to March–June 2026. In some cases, appointments are being rescheduled to October 2026.
For workers whose visa stamps expire soon, this creates serious anxiety. If their petition is not approved in time, and interview appointments are months away, they may be forced into the new fee system.
What this means for H-1B workers
For workers abroad with valid H-1B visa stamps, time has become critical. If their petition approval is delayed beyond their stamp’s expiry date, they may need a new visa interview. By then, their exemption from the $100,000 fee could be gone.
Andrews says lawyers must carefully track visa stamp expiry dates and document every delay. He also suggests that congressional inquiries and reporting to legal groups like AILA may help bring clarity.
At this point Andrew says that there is no public proof that the government is deliberately delaying cases to collect the $100,000 fee. But Andrews says the “policy ambiguity exists,” the “processing anomalies exist,” and DHS has openly spoken about closing “loopholes.”
Because USCIS does not publish detailed data separating these types of cases, the only way to know what is happening is for lawyers to document patterns themselves. For thousands of H-1B workers and their families, the uncertainty is real. The rules may look clear on paper. But in practice, delays can change everything.