U.S. Citizenship and Immigration Services (USCIS) has provided much-needed clarification on the new $100,000 H-1B visa fee. In an update to its website on October 20, 2025, USCIS specified that the fee applies only to new H-1B petitions filed on or after September 21, 2025, for beneficiaries who are outside the United States and do not already have a valid H-1B visa. This is welcome news for many, as it means that several categories of applicants are exempt from the hefty fee. Notably, the fee does not apply to individuals who are already in the U.S. and are changing their status to H-1B, such as F-1 students or L-1 intracompany transferees. It also does not apply to H-1B extensions or renewals for current visa holders. This clarification provides significant relief to U.S. employers and their employees who were concerned about the broad application of the fee. However, the $100,000 fee remains a major hurdle for companies seeking to hire new H-1B workers from abroad. The U.S. Chamber of Commerce has filed a lawsuit to block the fee, and that litigation is still pending. This is a developing story, and further updates are expected.
USCIS Clarifies Who Must Pay the New $100,000 H-1B Visa Fee
USCIS has clarified that the new $100,000 H-1B visa fee only applies to new petitions for beneficiaries outside the U.S., exempting change-of-status applicants and renewals.
What This Means for You:
- Key Point 1: The $100,000 H-1B fee does not apply to you if you are already in the U.S. and are changing your status to H-1B, or if you are extending your current H-1B visa.
- Who Should Be Concerned: U.S. employers seeking to hire new H-1B workers from outside the United States.
- Timeline for Action: The fee requirement is in effect now for new petitions. The lawsuit challenging the fee is ongoing.
- Next Steps: If you are an employer, consult with an immigration attorney to determine if the fee applies to your new hires. If you are a student or another visa holder in the U.S., you can proceed with your change-of-status petition without being subject to this fee.
Source: Forbes.com