Who’s Applicable For H1B Visa Fee?

The Donald Trump administration in the United States had recently introduced a new fee structure for H1B visa policy and it had come as a rude shocker all over. In this context, something interesting is happening now.

USCIS has issued a clarification on the newly introduced $100,000 H-1B visa fee, confirming when and for whom it applies.

The rule, which took effect on September 21, 2025, applies mainly to new H-1B petitions filed for workers outside the United States who are entering through consular processing or a port of entry. Employers filing petitions for such applicants must pay the new fee.

However, the agency clarified that the fee does not apply to those who are already in the U.S. and changing their visa status to H-1B, such as F-1 students moving to H-1B employment, or to those filing for extensions or amendments of existing H-1B status.

Similarly, if a person in valid H-1B status travels abroad and returns to the U.S., the fee remains exempt. But if a change of status is denied or if the person is found out of status, the new fee could still apply.

This large fee has raised major concerns among companies and immigration attorneys, as it could significantly increase hiring costs for skilled foreign workers. Several business groups are already preparing legal challenges against the policy, calling it burdensome and discriminatory.