Who Will Be Exempt from Trump’s $100,000 H-1B Visa Fee?

The H-1B visa has caused confusion and panic since a $100,000 fee was announced but there has been clarification over who will be exempt.

The US Citizenship and Immigration Services (USCIS) confirmed that international students already in the country will not be hit by the recently introduced $100,000 H-1B visa fee.

It follows widespread confusion caused by a proclamation from President Donald Trump’s administration in September 2025.

The order imposed a steep fee on employers sponsoring foreign workers under the H-1B programme, a visa route commonly used by Indian tech graduates and skilled professionals.

USCIS guidance clarified that the fee does not apply to cases where a person changes their visa status within the US, such as an F-1 student moving to H-1B status, or to those seeking to extend their stay.

However, the agency said the $100,000 fee would apply to “petitions filed for workers outside the US or for workers who must leave the US before a petition is adjudicated”.

In a statement, USCIS said: “The Proclamation applies to new H-1B petitions filed at or after 12:01 am eastern daylight time on September 21, 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa.

“The Proclamation also applies if a petition filed at or after 12:01 am eastern daylight time on September 21, 2025, requests consular notification, port of entry notification, or pre-flight inspection for an alien in the United States.”

The new USCIS guidance also confirmed that existing H-1B visa holders will be free to leave and re-enter the US without facing the new charge.

An online portal has now been launched for employers to pay the $100,000 petition fee in cases where it applies.

The Trump administration had previously said that while no blanket waivers would be approved, employers could request exceptions in cases where a worker’s presence is deemed in the national interest and no American worker is available to fill the role.

The clarification marks the administration’s first attempt to directly address the uncertainty surrounding the H-1B fee.

The announcement brings relief to thousands of Indian students and professionals currently in the US on F-1 and L-1 visas.

According to the guidance, those categories will not face the $100,000 fee if they are already residing in the country.

An L-1 visa allows multinational companies to transfer employees from offices abroad to their US branches, while the F-1 visa is granted to foreign students studying full-time at accredited American institutions.

The Trump administration reiterated that the $100,000 fee “won’t apply to anyone changing their visa status”, meaning people already on a valid visa inside the country are exempt.

Trump’s announcement in September was one of the most disruptive measures targeting foreign workers, with his administration arguing that the fee would reduce abuse of the H-1B system, often used by tech giants to recruit skilled workers from countries like India.

However, critics warned the measure could severely impact industries reliant on foreign expertise.

Legal experts and employers said the high fee risked deterring companies from hiring international talent, worsening labour shortages in key sectors such as technology, research, and healthcare.

Although the administration quickly clarified that only new petitions would be affected, uncertainty remained over how student visa holders and certain industries would be treated.

The latest USCIS update has now provided the first definitive answers.