In a relief for foreign professionals, the US Department of Homeland Security has clarified the controversial $100,000 H-1B visa fee rule, outlining several exemptions and exclusions.
According to the new guidance, applicants transitioning from other visa categories such as F-1 student visas to H-1B status will not be required to pay the fee. Similarly, current H-1B holders seeking amendments, extensions, or status changes within the US are exempt.
The DHS confirmed that the rule applies only to new visa petitions filed from outside the US by individuals who do not hold a valid H-1B visa. Existing visa holders can freely travel in and out of the country, and an online payment system has been introduced for new applicants.
The clarification follows a lawsuit filed by the US Chamber of Commerce challenging the Trump administration’s proclamation as “unlawful.” The suit argued that the fee would hurt American businesses by raising labour costs and limiting access to skilled foreign workers.
This marks the second major legal challenge to the administration’s H-1B policies after unions and education groups filed a similar case earlier this month.
While defending the policy, former President Trump had said the move was meant to “incentivise the hiring of American workers.” However, confusion over the rule’s scope led to widespread concern among existing visa holders.
The White House, as per IANS, clarified that the one-time $100,000 fee applies only to new applicants and not renewals.
In 2024, Indian nationals accounted for more than 70% of all approved H-1B visas due to a large backlog and high demand for skilled talent.
