The United States has clarified that the proposed $100,000 fee for H-1B visa applications will not apply to individuals who are extending their existing visas or changing their status within the country. This clarification from the U.S. Citizenship and Immigration Services (USCIS) comes after widespread confusion among visa holders, employers, and applicants about the scope of the new rule.
According to USCIS, the hefty $100,000 fee will apply only to employers filing new H-1B petitions for foreign workers who are being sponsored for the first time under the program. The measure, aimed at discouraging overreliance on foreign labor and ensuring fair opportunities for American workers, was part of a broader set of reforms introduced by the U.S. Department of Homeland Security (DHS).
However, thousands of skilled professionals working in the U.S. on valid H-1B visas feared they would also be affected when renewing or transferring jobs. The new clarification ensures that those already holding valid visas or those adjusting their status within the U.S. will not face the massive fee hike.
The H-1B visa program, which allows U.S. companies to employ foreign professionals in specialized fields such as technology, medicine, and engineering, has long been a vital pathway for skilled talent—particularly from countries like India. Nearly 70% of all H-1B visa holders are Indian nationals, making this clarification especially significant for Indian IT professionals and their employers.
Industry experts have welcomed the move, saying that while the fee proposal remains steep for new applicants, the exemption for renewals and status changes will prevent unnecessary financial strain on individuals and businesses. They also noted that the clarification offers reassurance and stability for those who are already legally employed in the U.S. under the H-1B program.
The Biden administration has indicated that it remains committed to balancing skilled immigration needs with domestic workforce priorities, emphasizing that reforms to the H-1B program are designed to protect American jobs while maintaining U.S. competitiveness in global talent markets.