The US Citizenship and Immigration Services (USCIS) has confirmed that the newly announced $100,000 H-1B visa fee will not apply to those seeking a "change of status" or "extension of stay".
The new guidelines are expected to ease confusion after weeks of uncertainty among foreign professionals and US-based companies dependent on high-skilled visa holders.
The guidelines clarified the exemptions to US President Donald Trump's September 19 proclamation.
"The Proclamation does not apply to any previously issued and currently valid H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on September 21, 2025," the USCIS said.
It added that the proclamation also does not prevent any current H1-B holder from travelling in and out of the US, which has been a major concern for such visa holders with initial reports of panic onboard flights.
The proclamation also does not apply to a petition filed at or after "12:01 a.m. eastern daylight time on September 21, 2025, that is requesting an amendment, change of status, or extension of stay for an alien inside the United States where the alien is granted such amendment, change, or extension," per the USCIS as quoted by PTI.
There is a caveat. If the USCIS determines that the applicant is "ineligible for a change of status or an amendment or extension of stay", then the fee would apply.
The clarification effectively means that international students and intra-company transferees already in the US can transition to H-1B status without paying the additional $100,000, provided they are in valid visa status at the time of application.
The USCIS guidelines came days after the US Chamber of Commerce filed a lawsuit against the Trump administration's decision to impose the fee, describing it as "misguided policy and plainly unlawful" action that could cripple American innovation and competitiveness.
The lawsuit, filed October 16 in a district court in Columbia, challenged the proclamation and said it exceeds the US President’s lawful authority.
Tens of thousands of highly skilled people in specialised fields boost the American economy each year after obtaining H-1B status, it said.
(With inputs from PTI)