H-1B visa holders get $100,000 fee demands despite legal exemption, immigration attorneys warn

When employers respond explaining why the fee does not apply, USCIS is stalling. In some cases, adjudication has stopped entirely. In others, the case sits unresolved until the worker’s visa stamp expires, at which point USCIS issues a denial.

Murthy Law Firm, one of the most prominent immigration law firms in the US, says the problem is showing up across nearly all consular processing cases. “In practice, we are seeing RFEs issued in nearly all cases that request consular processing, regardless of whether the beneficiary appears to fall squarely within the fee exemption categories described in the USCIS guidance. These RFEs routinely demand payment of the $100,000 fee,” the firm states.

This is happening even where the individual holds a valid, previously issued H-1B visa stamp, or where the petition is an extension or amendment and is not a new H-1B filing.

Emily Neumann at Reddy Neumann Brown PC also points out the changing reality. “The employers who will be hit with the $100,000 fee most often over the next twelve months are not just the ones hiring new workers from abroad. They are ones who assumed their long-tenured H-1B workforce was safely behind them and who are now learning, petition by petition, that maintenance-of-status obligations they treated as routine have quietly become the condition precedent to avoiding a six-figure liability.”

What has emerged as a new thing is that employers who thought routine H-1B renewals for existing H-1B holders were low-risk are now discovering that those renewals carry a potential $100,000 liability they never budgeted for.

What the Rules Say

Through a proclamation dated September 19, 2025, Trump set an H-1B fee of $100,000 for each petition filed by the US employer, effective September 21, 2025, but later it was clarified that there are exemptions. It was clarified that F-1 students and H-1B visa holders currently in the US are exempt from the $100k fee proclamation.

US employers hiring foreign students who are currently in the US and holding F-1 visas were also exempt from paying the $100k fee. The US immigration laws allow ‘change of status’ for non-immigrants under which F-1 visa holders can switch to H-1B visas. Foreign students undergoing the OPT program also qualify for being hired by US employers through a ‘change of status.’

USCIS also carries the conditions that qualify for the exemptions. The condition states that the Proclamation does not apply to a petition filed after Sept. 21, 2025, that is requesting an amendment, change of status, or extension of stay for a foreign worker inside the United States where the foreigner is granted such amendment, change, or extension.

Further, the foreign beneficiary of such a 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 seeks to re-enter the United States on a current H-1B visa.

What’s Happening Instead

Essentially, the H-1B visa holders who are already in the US were left out, and the $100k fee did not apply to them. However, in reality, things seem to be different, as being reported by the immigrant attorneys in the US. Maintaining status is the most important element in the process, and one should ensure that it is maintained.

Disclaimer: This article is for general informational purposes only and does not constitute legal, immigration, or tax advice. Immigration laws and government policies are subject to frequent change without notice. While we strive to provide accurate updates, readers are strongly advised to verify the latest requirements with the official embassy, consulate, or government portal of the respective country. The views and opinions expressed by the experts quoted herein, if any, are their own and do not necessarily reflect the views of the publication.