US Clarifies $100,000 H-1B Visa Fee Rules: Relief for Existing Workers
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The United States has issued fresh clarification on the controversial $100,000 H-1B visa fee, easing confusion among employers and skilled professionals worldwide. The U.S. Citizenship and Immigration Services (USCIS), in a statement released on 20 October, detailed who must pay the fee, who is exempt, and how payments should be processed.
The H-1B visa allows skilled professionals to work in specialised fields such as technology, engineering, healthcare, and finance. For many Indian graduates and professionals, it remains one of the most sought-after routes to work and settle in the U.S. However, the recent $100,000 fee announcement triggered uncertainty among employers and foreign workers alike.
The USCIS has now confirmed that the hefty fee will not apply to those already residing in the United States who are changing visa status, such as F-1 students moving to H-1B, or to existing H-1B holders. Exemptions also cover visa holders travelling within their current validity, individuals whose petitions were filed before 21 September 2025, and workers contributing to the U.S. national interest.
Employers looking to hire new foreign professionals from abroad, however, will be required to pay the fee at the time of filing H-1B petitions. The payment must be made electronically via pay.gov, and proof of payment or exemption must be attached to the petition. Any applications missing this documentation will be rejected. Refunds will be issued in full if a petition is denied.
For U.S. employers, especially those in tech and research, the policy could add substantial financial strain, with analysts estimating costs up to $1 million annually for firms hiring multiple H-1B workers. Meanwhile, Indian professionals fear that the rule may make early-career opportunities harder to secure, with companies prioritising senior or highly specialised roles for sponsorship.
While the clarification has brought relief to existing visa holders, it also marks a pivotal shift in how the United States balances immigration with workforce priorities.
Source: NDTV NEWS
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