The Trump administration has issued critical clarifications regarding exemptions to the $100,000 H-1B visa fee introduced through a presidential proclamation in September 2025. The United States Citizenship and Immigration Services (USCIS) statement addresses who must pay the fee, accepted payment methods, and exemption criteria. This guidance provides essential relief for Indian professionals and students, who constitute the largest demographic of H-1B beneficiaries and international students in the United States.
Beyond Border monitors these developments to ensure accurate, timely guidance for employers and visa applicants navigating this policy shift.
The $100,000 fee applies exclusively to new H-1B petitions filed on or after 12:01 AM EDT on September 21, 2025, for beneficiaries who are outside the United States and do not hold a valid H-1B visa. The fee also applies to petitions filed from within the US if they request consular notification, port of entry notification, or pre-flight inspection. These processes involve visa stamping at a US embassy abroad or inspection at a US border or airport before entry.
USCIS explicitly stated: "The Proclamation applies to new H-1B petitions filed at or after 12:01 AM eastern daylight time on September 21, 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa."
Beyond Border clarifies that this fee targets new petitions requiring consular processing, not all H-1B applications.
The most significant exemption addresses change of status cases. Individuals switching visa categories within the United States—such as transitioning from an F-1 student visa to an H-1B work visa—are not subject to the $100,000 fee. This exemption provides critical relief for Indian students, who account for 27% of all foreign students in the US and experienced an 11.8% increase in enrollment in 2024. Indian nationals received 70% of H-1B visas issued in 2024, making this clarification particularly impactful for this demographic.
Beyond Border emphasizes that students can transition to H-1B status without incurring this substantial fee if they remain in the United States during the process.
Existing H-1B visa holders and approved beneficiaries can travel internationally without restrictions. The fee does not apply to petitions for amendments, status changes, or extensions filed within the US. Even if beneficiaries later travel abroad, they will not be charged when re-entering or applying for a visa based on previously approved petitions.
USCIS confirmed: "The Proclamation does not apply to any previously issued and currently valid H-1B visas, or any petitions submitted prior to 12:01 AM eastern daylight time on September 21, 2025." The agency also stated that beneficiaries granted amendments, status changes, or extensions will not face the fee if they subsequently depart and re-enter the United States.
The fee only applies if USCIS denies an application and deems the individual ineligible for a status change or extension.
Beyond Border advises that valid visa holders can maintain international travel plans without triggering the new fee structure.
Secretary of Homeland Security Kristi Noem may grant exemptions in "extraordinarily rare circumstances." These include cases where no qualified American worker can fill the role or where the immigrant's employment serves the national interest. USCIS has directed that the $100,000 fee be paid via pay.gov prior to submitting an H-1B petition. Any filing lacking proof of payment or exemption will be rejected.
The clarification follows legal action by the US Chamber of Commerce, which sued the Trump administration over the fee, calling it "unlawful and harmful to small and medium-sized businesses."
Beyond Border continues to track legal challenges and policy updates affecting H-1B employers and beneficiaries.
The USCIS guidance resolves immediate confusion created by the September proclamation, which left critical questions unanswered. Employers and visa holders must distinguish between scenarios requiring new petitions and those involving valid visas or internal status adjustments. Understanding these distinctions prevents unnecessary financial burdens and processing delays.
Beyond Border provides ongoing analysis and actionable guidance for companies and professionals navigating evolving US immigration policies.
