USCIS clarifies: USD 100,000 H-1B visa fee won’t apply to status change or extension cases
New York: The steep USD 100,000 fee imposed by the Trump administration on new H-1B visa petitions will not apply to applicants seeking a “change of status” or “extension of stay,” according to new guidelines issued by the US Citizenship and Immigration Services (USCIS).
The clarification, released on Monday, outlines exemptions to President Donald Trump’s September 19 proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.” The proclamation significantly raises the fee for new H-1B visa applications to USD 100,000 (around ₹88 lakh).
According to USCIS, “The proclamation does not apply to any previously issued and currently valid H-1B visas, or to petitions submitted before 12:01 a.m. EDT on September 21, 2025.” It also confirmed that current H-1B holders are free to travel in and out of the United States.
The agency further clarified that the fee is not applicable to “change of status” petitions — cases in which individuals already in the US switch visa categories without leaving the country, such as moving from an F-1 student visa to an H-1B work visa.
“The fee only applies to cases filed for individuals outside the United States so they can enter,” immigration attorney Dan Berger of Green and Spiegel told Forbes. “Employers were nervous about change-of-status cases, fearing the $100,000 might apply if employees travel abroad.”
The proclamation specifies that petitions filed on or after September 21, 2025, seeking amendments, changes of status, or extensions of stay for individuals already in the US will be exempt. Beneficiaries of such petitions will also not be subject to the fee if they later travel abroad and re-enter using a valid H-1B visa.
However, the USCIS noted that if an applicant is found ineligible for a change of status, amendment, or extension of stay, the $100,000 fee would then apply.
The proclamation — which drastically raises the annual H-1B visa fee — has drawn sharp criticism for its potential impact on Indian professionals, who account for about 71% of all approved H-1B applications.
The guidelines were issued shortly after the US Chamber of Commerce filed a lawsuit against the administration’s move, calling it a “misguided and plainly unlawful” policy that could “cripple American innovation and competitiveness.” The lawsuit, filed on October 16 in the District Court of Columbia, argues that the president exceeded his legal authority.
Each year, under a Congressional cap, the US issues a maximum of 65,000 H-1B visas, along with an additional 20,000 for individuals with advanced US degrees. The program enables tens of thousands of skilled professionals to contribute to the American economy, particularly in technology and research sectors.
