H-1B Visa Fee Update: These Categories Are Exempt From $100,000 Rule
In a major relief for thousands of visa holders in the United States, the US Citizenship and Immigration Services (USCIS) has confirmed that the newly announced $100,000 fee for a “change of status” to an H-1B visa will not apply to existing visa holders .
The clarification came through updated USCIS guidelines issued on Monday, ending weeks of confusion among professionals, students, and employers. The update clearly states that individuals already living in the US on valid visas - such as F-1 (student) or L-1 (intra-company transfer) will not have to pay the hefty fee when applying for a change of status to H-1B.
The exemption also includes current H-1B visa holders who are applying for renewal or extension of their status.
The $100,000 fee was first introduced under a proclamation signed by former President Donald Trump on September 20, 2025. It mandated that anyone applying for an H-1B visa on or after 12:01 a.m. ET, September 21, 2025, would be subject to the new charge.
While earlier USCIS notices hinted at possible exemptions, the details were unclear. The latest guidelines now offer explicit confirmation under a section titled “Who Is Subject To The $100,000 Fee.” It states that 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. ET on September 21, 2025.”
The update has been welcomed by thousands of skilled workers, students, and tech professionals who were anxiously awaiting clarity. Immigration attorneys have also hailed the move as a “vital clarification” that prevents financial strain and administrative chaos among existing visa holders.
The H-1B visa program remains one of the most sought-after work visa routes for skilled professionals, particularly from India. This clarification ensures that existing visa holders can continue their employment or studies without facing unexpected financial burdens.
The clarification came through updated USCIS guidelines issued on Monday, ending weeks of confusion among professionals, students, and employers. The update clearly states that individuals already living in the US on valid visas - such as F-1 (student) or L-1 (intra-company transfer) will not have to pay the hefty fee when applying for a change of status to H-1B.
The exemption also includes current H-1B visa holders who are applying for renewal or extension of their status.
The $100,000 fee was first introduced under a proclamation signed by former President Donald Trump on September 20, 2025. It mandated that anyone applying for an H-1B visa on or after 12:01 a.m. ET, September 21, 2025, would be subject to the new charge.
While earlier USCIS notices hinted at possible exemptions, the details were unclear. The latest guidelines now offer explicit confirmation under a section titled “Who Is Subject To The $100,000 Fee.” It states that 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. ET on September 21, 2025.”
The update has been welcomed by thousands of skilled workers, students, and tech professionals who were anxiously awaiting clarity. Immigration attorneys have also hailed the move as a “vital clarification” that prevents financial strain and administrative chaos among existing visa holders.
The H-1B visa program remains one of the most sought-after work visa routes for skilled professionals, particularly from India. This clarification ensures that existing visa holders can continue their employment or studies without facing unexpected financial burdens.
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