The US Citizenship and Immigration Services (USCIS) has clarified that not all applicants under the H-1B visa programme are required to pay the newly introduced $100,000 fee, easing widespread concern among employers and foreign workers. The clarification follows the implementation of President Donald Trump’s proclamation, which took effect earlier today.
According to USCIS, the additional charge applies only to new petitions filed for beneficiaries currently outside the United States who do not hold a valid H-1B visa. Petitions submitted after the effective date must include proof of payment through pay.gov or evidence of a valid exemption. Those that fail to meet the requirement will be denied. The rule, effective from 12:01 a.m. Eastern Daylight Time, aims to restrict the entry of certain foreign nationals while reforming the H-1B system.
USCIS explained that the new fee is limited to petitions seeking to bring new foreign workers into the country and covers cases requesting consular or port-of-entry notifications or pre-flight inspections. However, it does not apply to H-1B holders already living and working in the US. Employers filing for amendments, changes of status, or extensions for current visa holders are exempt from the additional payment.
Dan Berger, a partner at immigration law firm Green & Spiegel, said the clarification has provided much-needed relief for companies that depend on skilled international workers. “It says the fee only applies to cases filed for people outside the United States, so they can come in. Employers were nervous about doing change of status because the $100k might apply if they travel,” Berger told The Economic Times.
USCIS has also confirmed that approved H-1B petition holders can travel abroad and re-enter the US without paying the new fee, provided their petitions were filed before the rule came into effect.
The agency added that exceptions to the rule will be rare and granted only under extraordinary circumstances. The Secretary of Homeland Security may approve an exemption if the foreign worker’s presence in the US is considered in the national interest, if there are no available American workers for the position, if the individual poses no security risk, and if the fee requirement would harm US interests.
Employers seeking exemption must submit supporting documentation to H1BExceptions@hq.dhs.gov. Payments, meanwhile, must be processed exclusively through pay.gov using the designated form titled “H-1B VISA PAYMENT TO REMOVE RESTRICTION.”
The proclamation has already triggered legal action from several business groups, with the US Chamber of Commerce filing a lawsuit challenging the legality of the move. Many employers argue that the $100,000 fee could discourage hiring of skilled professionals, particularly in the technology, engineering, and research sectors that rely heavily on H-1B talent.
Each year, the US issues 65,000 H-1B visas under the regular quota and an additional 20,000 visas for holders of advanced degrees. Experts warn that the new fee, even with exemptions clarified, will likely complicate recruitment processes and slow down applications for global talent.
While the rule is seen as part of Trump’s broader effort to reform immigration, analysts believe it may have unintended consequences on innovation and workforce diversity. The USCIS clarification, however, offers temporary relief to thousands of employers uncertain about compliance under the new regime.
