The United States Citizenship and Immigration Services (USCIS) has issued official guidance clarifying the implementation of the $100,000 H-1B visa fee, bringing much-needed clarity to employers and Indian professionals following weeks of uncertainty.
The clarification follows the September 19 presidential proclamation, which introduced the new fee for certain H-1B petitions, triggering widespread concern among US tech firms and companies reliant on skilled Indian talent.
Who Must Pay the Fee
According to USCIS, the $100,000 fee applies to new H-1B petitions filed on or after September 21, 2025, primarily for:
- Beneficiaries outside the United States who do not hold a valid visa.
- Petitions requesting consular processing or port-of-entry notifications for workers currently in the US.
Who Is Exempt
Certain cases are exempt from the new requirement, including:
- H-1B holders with valid visas.
- Petitions filed before September 21, 2025.
- Extensions or changes of status approved within the United States.
USCIS also clarified that the fee becomes due only if a petition for extension or status change is denied, or if the worker departs the US before adjudication.
Payment Method and Limited Waivers
Employers must make the payment online via the federal Pay.gov portal, as instructed by USCIS. Exemptions from the fee are extremely rare and may be granted only by the Secretary of Homeland Security in cases where:
- The H-1B worker’s role is critical to national interest, and
- No qualified American worker is available for the position.
Requests for such exemptions must be sent to H1BExceptions@hq.dhs.gov, along with proper documentation supporting the claim.
Legal and Industry Backlash
The introduction of the $100,000 fee has drawn strong criticism and prompted multiple legal challenges, led by the US Chamber of Commerce. Lawsuits argue that the measure exceeds presidential authority and threatens smaller businesses that depend on skilled foreign workers.
Industry associations have also warned that the hefty fee could discourage global talent mobility, particularly for Indian technology professionals, and erode the US’s competitive edge in innovation and advanced industries.
Summary
The USCIS clarification on the $100,000 H-1B visa fee outlines clear rules for implementation, exemptions, and rare waiver procedures. While the policy aims to regulate foreign worker inflows, it has triggered legal challenges and industry backlash, with critics warning it could impact the US technology sector and limit access to global talent that drives innovation.
Disclaimer:
This article is intended solely for educational and informational purposes. The securities or companies mentioned are provided as examples and should not be considered as recommendations. Nothing contained herein constitutes personal financial advice or investment recommendations. Readers are advised to conduct their own research and consult a qualified financial advisor before making any investment decisions.
Investments in securities markets are subject to market risks. Please read all related documents carefully before investing.