H-1B visa: Avoid travel mistakes that could trigger the $100,000 trap

USCIS has clarified who must pay Donald Trump's new $100,000 H-1B visa fee. Applicants filing inside the US are exempt, but consular cases abroad will pay

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The Trump administration has finally spelt out who will be exempt from paying the hefty $100,000 H-1B visa fee, and who will not. If you’re still unsure where you stand, here’s a clear breakdown.

 

Issued by the US Citizenship and Immigration Services (USCIS) on Monday, the latest guidance clarifies exemptions to President Donald Trump’s September 19 proclamation, Restriction on entry of certain nonimmigrant workers, which raises the filing fee for new H-1B visa petitions to $100,000 (around ₹88 lakh).

 

“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. eastern daylight time on September 21, 2025,” said USCIS. The agency also confirmed that the rule does not stop existing H-1B holders from travelling in and out of the United States.

 

Who doesn’t have to pay the fee?

 

According to USCIS, the new fee does not apply to applicants filing for a change of status or an extension of stay within the United States.

 

This means that individuals moving from another visa category—such as F-1 students or H-4 dependents—to H-1B status while remaining in the country will not be charged the $100,000 fee.

 

“The rule applies prospectively only, to new H-1B petitions filed on or after September 21, 2025, especially for beneficiaries outside the US,” explained immigration attorney Jia J. Wu in a post on X. “Cases still at risk include petitions filed after 21 September where USCIS later finds the person ineligible for extension or change of status, such as status lapse or travel before approval. Those would fall under the proclamation.”

 

He added: “Clearer, but still not simple.”

 

Who still needs to pay?

 

Immigration attorneys Rebecca Chen and Rahul Reddy of Reddy Neumann Brown PC explained the fee scenarios in a video post:

 

• “If you’re in the US and the I-129 requests a change of status, extension, or amendment, the fee does not apply.”

• “Scenario one: you had H-1B and an approved I-140, you’re now abroad, and your company files for consular processing—yes, the $100,000 is due.”

• “Scenario two: you’re in the US, you file a change of employer or extension after September 21, get approval with an I-94, and later travel for stamping—no, the $100,000 does not apply.”

 

In short, approvals completed inside the US with an I-94 attached are exempt; filings that request consular processing—meaning processed through a US consulate abroad—will attract the $100,000 fee.

 

What about new filings during the government shutdown?

 

The attorneys warned that during the ongoing government shutdown, employers face additional hurdles. “During the government shutdown, no certified LCAs means no new H-1B filings, cap-subject or cap-exempt,” they said.

 

They also urged visa holders to maintain lawful status. “Don’t rely on nunc pro tunc mercy. If your I-94 or 60-day grace window is running out, file a B-2 change of status before the deadline and switch back later. In some cases, premium F-1 is also a path,” said Reddy.

 

Leaving the US while awaiting approval, they added, could expose applicants to the $100,000 fee. “Leaving the US now risks falling into the trap if you must return on H-1B.”

 

How does USCIS decide who’s exempt?

 

The deciding factor lies in the I-129 form, the primary petition for H-1B visas. “If you check change/extension/amendment and include I-94 proof, the fee isn’t in play,” said Chen. “If you request consular notification, it is—save for narrow exceptions.”

 

Concurrent H-1B filings within the US do not trigger the fee either. Similarly, changes of status such as H-4 to H-1B, F-1 to H-1B, J-1 to H-1B, or B-2 back to H-1B (where eligible) remain exempt.

 

However, there’s no exemption for doctors, non-profit workers, or university staff if their petitions involve consular processing. “If the beneficiary is abroad and you’re doing consular processing, the $100,000 applies, universities included,” said Reddy.

 

Can you still travel safely?

 

Existing, unexpired visas remain valid. USCIS will enforce the new rule at the filing stage, not at US consulates or ports of entry. The new $1,000 parole fee, introduced under the One Big Beautiful Bill, does not affect employment-based advance parole re-issuance.

 

Even so, attorneys caution against unnecessary travel. “Travel is risky even with a valid visa,” said Wu. “Policy can change overnight and hits hardest when you’re outside the US. Avoid optional trips.”

 

What if you’re reapplying after years abroad?

 

Those who have already used their six-year H-1B term and returned to India or another country face stricter treatment. “Used six years, went back to India, now want a new H-1B or an extension from abroad? Yes, the $100,000 applies,” said Reddy.

 

He added that concurrent employment and travel complicate matters further. “Consulates can’t stamp ‘concurrent’ and CBP can’t issue ‘concurrent’ I-94s—many employers simply refile the concurrent petition after re-entry.”

 

Even those travelling after an in-US approval should be cautious. “Stamped travel after an in-US approval avoids the $100,000, but the consular interview is still a fresh gamble. Fail there and you’re back to a new petition from abroad—with the fee,” said Chen.