In a key development for foreign professionals, the United States Department of Homeland Security has issued new guidance on the recently announced $100,000 H-1B visa application fee. The clarification brings major relief to thousands of visa holders and applicants by outlining clear exemptions and payment conditions.
According to the official announcement, the fee will not apply to current H-1B visa holders within the United States. Workers who switch from other visa categories, such as F-1 student status, are also exempt from paying the new fee. Additionally, those applying for amendments, changes of status, or extensions of stay will not need to make the hefty payment. The department clarified that existing H-1B workers can continue to travel in and out of the country without restrictions.
However, the rule will still apply to new visa petitions filed by individuals outside the US who do not yet hold valid H-1B visas. For them, an online link has been provided to process the payment as part of the new application procedure. The clarification followed widespread concern that the new rule might affect existing visa holders.
The announcement comes only two days after the US Chamber of Commerce filed a lawsuit against the Trump administration, calling the new visa fee “unlawful.” The business group argued that the fee would “inflict significant harm on American businesses” and force them to raise labour costs or reduce hiring of skilled international talent. The lawsuit described President Trump’s September 19 proclamation as “plainly unlawful” and a “boon to America’s economic rivals.”
This marks the second major legal challenge to the administration’s H-1B policies, following a separate lawsuit filed by unions and professional groups earlier this month. President Trump had earlier defended the policy, saying the goal was to “hire American workers.” Meanwhile, data shows India-born professionals received over 70% of approved H-1B visas in 2024, underscoring their continued dominance in the US skilled workforce.
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