H-1B visa fee row: Who is exempted, who will pay? All you need to know as Trump admin issues clarification

The Donald Trump administration on Monday issued a clarification on the H-1B visa fee, a month after it announced a shocking $100,000 charge on the worker visa. In its latest notice, the US clarified who needs to pay the exorbitant $100,000 fees and who doesn't.

The United States Citizenship and Immigration Services (USCIS) issued the guidelines on Monday, in an attempt to clarify the exemptions to President Donald Trump's September 19 proclamation, ‘Restriction on entry of certain nonimmigrant workers’.

The USCIS on Monday also launched a payment portal and said that applicants who hold a receipt showing the $100,000 H-1B visa fee can move forward with their application.

The USCIS clarified who is exempt and who is not, with regards to the $100,000 H-1B visa fees.

H-1B visa fees: Who is exempted from paying $100,000?

The USCIS in its clarification said that not every foreign citizen seeking US visa or having the H-1B visa will have to pay the $100,000 or ₹88 lakh fee.

The $100,000 H-1B visa fee is not applicable for those who already hold the visa.

The Trump administration further noted that those who applied for the H-1B visa prior to to 12:01 a.m. eastern daylight time as of September 21 will not have to pay the fees.

"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," the USCIS said.

Those who already hold a US visa, including international students on F-1 visas and professionals on L-1 visas, will not have to pay the $100,000 H1-B visa fee when they go for a status change.

The USCIS said that the H-1B fee does not apply to a petition filed at or after “12:01 a.m. eastern daylight time on September 21, 2025, that is requesting an amendment, change of status, or extension of stay for an alien inside the United States where the alien is granted such amendment, change, or extension.”

A beneficiary will not be considered to be subject to the payment if they subsequently depart the US and apply for a visa based on the approved petition and/or seek to reenter the US on a current H-1B visa, it said.

It added that the proclamation also does not prevent any current H1-B holder from travelling in and out of the US.

Who has to pay $100,000 H-1B visa fee?

According to the rules, an employer has to pay the H-1B visa fee for applicants who are applying for the visa for the first time from outside the US.

The H-1B visa fee will also apply if the USCIS determines that person is “ineligible for a change of status or an amendment or extension of stay”.

The $100,000 charge will apply if the applicant “is not in a valid nonimmigrant visa status or if the alien departs the United States prior to adjudication of a change of status request.”