H-1B visa fee: From students to skilled workers, full list of who is exempt

USCIS clarifies that the $100,000 H-1B visa fee will only apply to new petitions filed on or after September 21, 2025, mostly affecting workers outside the United States

After weeks of confusion, the US Citizenship and Immigration Services (USCIS) has clarified that not every foreign citizen seeking a US visa or holding an H-1B visa will be charged the new $100,000 fee, which comes to around ₹88 lakh. But who all are exempt? Let’s break it down for you.

 

Who is exempt from H1 Visa Fee Hike

 

• Current H-1B holders with valid visas

• Petitions submitted before 12:01 a.m. EDT on September 21, 2025

• Approved amendments, changes of status, or extensions inside the United States

 

USCIS explained that the fee covers only new applicants under rules introduced by the Trump administration.

 

 

“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 the USCIS.

 

This means people who already hold H-1B visas will not be asked to pay. Applicants who filed their petitions before the cut-off are also covered.

 

International students on F-1 visas and professionals on L-1 visas are not required to pay if they move to H-1B status while they are inside the United States.

 

USCIS also said the fee does not apply to petitions after the deadline “requesting an amendment, change of status, or extension of stay” for someone already inside the country, as long as that request is approved.

 

Existing H-1B holders can leave and re-enter the country with a valid visa linked to the same petition. Travel remains permitted.

 

“The rule applies prospectively only, to new H-1B petitions filed on or after September 21, 2025, especially for beneficiaries outside the US,” said 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.”

 

How the exemption is checked

 

The deciding element is Form I-129, which is the core H-1B petition.

 

“If you check change/extension/amendment and include I-94 proof, the fee isn’t in play,” said immigration attorney Rebecca Chen of Reddy Neumann Brown PC. “If you request consular notification, it is, save for narrow exceptions.”

 

Concurrent H-1B filings inside the United States do not trigger the fee. Status changes from H-4, F-1, J-1, or B-2 to H-1B remain exempt where eligible.

 

However, cases processed outside the United States do not fall under these protections. “If the beneficiary is abroad and you’re doing consular processing, the $100,000 applies, universities included,” said Chen.

 

Who must pay the H-1B visa $100,000 fee

 

• New H-1B petitions filed on or after September 21, 2025

• Workers outside the United States without a valid H-1B visa

• Petitions requesting consular or port of entry notification for workers in the United States

• Petitions where a change of status or extension request is denied

 

The Trump administration said the $100,000 fee was introduced to curb abuse of the H-1B programme used by technology firms and to protect American workers. Business groups and legal experts have warned that the move could disrupt sectors that rely on skilled foreign labour.