Washington– In a major relief for foreign workers, the U.S. Department of Homeland Security has issued updated guidance on the recently announced $100,000 H-1B visa application fee, introducing key exemptions and clarifications.
Under the new guidelines, current H-1B visa holders and individuals seeking to amend, extend, or change their status within the U.S. will not be required to pay the new fee. The rule also exempts foreign nationals transitioning from other visa categories—such as F-1 student visas—to H-1B status.
According to DHS, the $100,000 fee applies only to new H-1B visa petitions filed from outside the United States by applicants who do not currently hold a valid H-1B visa. An online payment system has been launched to facilitate fee collection for eligible new applicants.
The clarification follows significant backlash after the announcement of the fee as part of a proclamation signed by former President Donald Trump on September 19, which aimed to “incentivize hiring American workers.”
Just days before the DHS update, the U.S. Chamber of Commerce—the nation’s largest business advocacy group—filed a lawsuit against the administration, calling the rule “unlawful.” In the suit filed in a Washington, D.C. district court, the Chamber warned the fee would inflict “significant harm on American businesses,” forcing them to either raise labor costs or reduce hiring of highly skilled foreign professionals.
The lawsuit marks the second major legal challenge to the new H-1B rules. On October 3, a coalition of unions, education professionals, and religious organizations also sued the administration, alleging the measures were unfair and economically damaging.
The original proclamation caused widespread confusion, with many assuming it would apply to existing visa holders—potentially blocking their re-entry into the U.S. after international travel. However, on September 20, the White House clarified to IANS that the fee is a “one-time charge” applicable only to new H-1B visa petitions, and not to current holders or renewals.
Indian nationals continue to dominate the H-1B visa program, receiving over 70% of all approved H-1B visas in 2024, largely due to a combination of high demand for skilled talent and a significant backlog in processing. (Source: IANS)
