Relief for H1B Visa Applicants: United States Citizenship and Immigration Services has confirmed that the $100,000 H-1B visa fee won't apply to applicants seeking a change of status or extension of stay within the United States.
H1B Visa - Key Updates
- $100,000 Fee Exemption for Status Changes: If you're already in the US on a different visa (like F-1 or L-1) and want to switch to H-1B, you won't have to pay the hefty $100,000 fee. You can transition internally and re-enter the country on H-1B without penalties.
- Who Must Pay: The proclamation and associated fees only affect new H-1B petitions filed after September 21, 2025, for beneficiaries currently outside the US without a valid H-1B visa.
- Existing H-1B Holders Protected: If you already have a valid H-1B visa or your petition was filed before September 21, 2025, you're safe. The new rules don't touch your status, and you can continue traveling in and out of the US freely.
- Annual Cap Remains: The H-1B program still has a 65,000 visa cap per fiscal year, with standard deductions and additions based on exemptions and usage patterns.
- Master's Degree Advantage: An extra 20,000 petitions are reserved for applicants with advanced degrees from US institutions, giving them better odds in the lottery system.
- Cap Exemptions for Academia and Research: H-1B workers employed by universities, affiliated nonprofits, research organizations, or government research facilities aren't subject to the annual cap limits.
- Legal Challenges Ongoing: The US Chamber of Commerce filed a legal challenge against the $100,000 fee on October 17, arguing it unfairly targets H-1B petitions.
- Administration's Defense: The Trump administration maintains that the fee protects American workers from being replaced by lower-paid foreign labor, citing rising H-1B usage in tech sectors while domestic unemployment increases.
Update on H 1B Visa: White House Defends New Fee Structure
The White House released an official statement defending the new $100,000 annual fee on H-1B visa applications. According to the administration, these H-1B visa fee norms are necessary to protect American workers who are being displaced by cheaper foreign labor.
This update on H 1B visa regulations highlights a significant shift in the tech industry workforce: H-1B visa holders in IT roles have jumped from 32% in fiscal year 2003 to over 65% in recent years.
The White House argues this dramatic increase has contributed to rising unemployment among U.S. citizens, calling it a misuse of the H-1B program.
