H-1B Fee Hike Won’t Hit Extensions, Says USCIS- Check Key Highlights Inside

In a significant clarification, the United States Citizenship and Immigration Services (USCIS) announced on Monday that the $100,000 fee imposed under the Trump administration's recent proclamation on new H-1B visa petitions will not apply to applicants seeking a change of status, extension of stay, or amendments within the United States.

The guidance offers a much-needed reprieve to thousands of existing H-1B visa holders and employers, particularly in the technology and healthcare sectors, many of whom had been anxiously awaiting further clarity following President Donald Trump’s September 19 proclamation, titled "Restriction on Entry of Certain Nonimmigrant Workers."

The controversial proclamation, which aims to raise the cost of new H-1B visas to USD 100,000 (approx. INR 88 lakh) annually, triggered swift backlash from business leaders, immigrant advocacy groups, and the U.S. Chamber of Commerce — which has since filed a lawsuit challenging the legality of the measure.

Key Exemptions Highlighted by USCIS

• The proclamation does not apply to: Any previously issued and currently valid H-1B visas Any petitions submitted before 12:01 a.m. EDT on September 21, 2025 Petitions filed on or after that time requesting: A change of status An extension of stay An amendment for individuals already in the U.S.
• Any previously issued and currently valid H-1B visas
• Any petitions submitted before 12:01 a.m. EDT on September 21, 2025
• Petitions filed on or after that time requesting: A change of status An extension of stay An amendment for individuals already in the U.S.
• A change of status
• An extension of stay
• An amendment for individuals already in the U.S.
• Existing H-1B holders can continue to travel in and out of the United States without being subject to the new fee.
• If a beneficiary leaves the U.S. and applies for a new visa based on an approved petition, they will also not be subject to the $100,000 fee — unless USCIS deems them ineligible for a change or extension.

The new fee structure has been criticized as a blow to American innovation and competitiveness, especially considering that Indians comprise nearly 71% of all approved H-1B visa petitions, according to USCIS data. These visas are widely used by U.S. companies to employ highly skilled foreign workers in fields like information technology, engineering, and medicine.

The U.S. Chamber of Commerce, in its lawsuit filed on October 16 in a district court in Columbia, argued that the proclamation exceeds presidential authority and imposes an undue burden on companies that rely on global talent. Calling the fee hike a "misguided and plainly unlawful" policy, the lawsuit warns that it could "cripple sectors critical to the U.S. economy."

While the $100,000 fee will still apply to new H-1B visa petitions filed for foreign nationals outside the U.S., those already residing in the U.S. under valid H-1B status — or seeking to adjust or extend their status — are spared the steep cost.

The announcement is likely to influence how employers manage international talent and visa sponsorships moving forward, especially as legal battles surrounding the proclamation unfold in the courts.