Washington DC [US], October 22 (HBTV): Offering relief to many H-1B visa applicants, the US Citizenship and Immigration Services (USCIS) on Monday (local time) clarified that the newly imposed USD 100,000 H-1B visa fee will not apply to applicants seeking a ‘change of status’ or ‘extension of stay’, according to updated guidelines.
USCIS stated that the fee could be avoided if an applicant enters the United States on a different visa category — such as an F-1 visa for international students or an L-1 visa for intra-company transfers — and later switches to H-1B status within the country. Such applicants can then re-enter the US on their H-1B visa without being subject to the additional fee.
The Proclamation applies to new H-1B petitions filed on or after 12:01 a.m. (Eastern Daylight Time) on September 21, 2025, for beneficiaries who are outside the United States and do not possess a valid H-1B visa. It also applies if a petition requests consular notification, port of entry notification, or pre-flight inspection for individuals within the US.
According to the USCIS website, the Proclamation does not affect previously issued and valid H-1B visas, nor petitions filed before 12:01 a.m. (EDT) on September 21, 2025. It also does not restrict current H-1B visa holders or approved petition beneficiaries from traveling in and out of the United States.
USCIS further noted that the H-1B classification has an annual numerical cap of 65,000 new visas each fiscal year, with adjustments based on H-1B1 set-asides and usage. An additional 20,000 petitions filed for beneficiaries who hold a master’s degree or higher from a US institution are exempt from this cap.
Moreover, H-1B workers employed at institutions of higher education, affiliated nonprofit entities, nonprofit research organizations, or government research organizations are not subject to the numerical limit, the agency added.
Earlier, on October 17, the US Chamber of Commerce filed a legal challenge against the administration’s decision to impose the USD 100,000 fee on H-1B petitions. The Trump administration defended the move, arguing that the visa programme has negatively affected American workers by allowing companies to hire foreign talent at the expense of domestic employment.
A White House fact sheet justified the annual fee by citing concerns that H-1B visas were being used to replace US workers with ‘lower-paid foreign labour’. It noted that the share of IT workers holding H-1B visas had risen from 32 per cent in FY 2003 to over 65 per cent in recent years, which, it claimed, has contributed to rising unemployment among US citizens.
(ANI)