USCIS Clarifies $100,000 H-1B Fee Will Not Apply to Extensions, Status Changes, or Amendments

In a major clarification on Monday, the United States Citizenship and Immigration Services (USCIS) announced that the $100,000 fee introduced under the Trump administration’s recent H-1B visa proclamation will not apply to applicants seeking a change of status, extension of stay, or amendments within the U.S.

The move offers relief to thousands of existing H-1B visa holders and employers, particularly in the technology and healthcare sectors, who had been awaiting clarity following President Trump’s September 19, 2025 proclamation, titled “Restriction on Entry of Certain Nonimmigrant Workers.”

The proclamation, which aimed to raise the cost of new H-1B visas to $100,000 annually, faced immediate backlash from business leaders, immigrant advocacy groups, and the U.S. Chamber of Commerce, which has filed a lawsuit challenging its legality.

Key Exemptions Highlighted by USCIS

The $100,000 fee does not apply to:

• Any previously issued and currently valid H-1B visas

• Petitions submitted before 12:01 a.m. EDT on September 21, 2025

• Petitions filed on or after that time requesting:

  • Change of status

  • Extension of stay

  • Amendments for individuals already in the U.S.

Existing H-1B holders can continue to travel in and out of the U.S. without being subject to the new fee. Beneficiaries who leave the U.S. and apply for a new visa based on an approved petition are also exempt from the $100,000 fee, unless USCIS determines they are ineligible for a change or extension.

Impact and Legal Challenges

Critics argue that the fee hike could undermine American innovation and competitiveness, particularly as Indians account for nearly 71% of all approved H-1B petitions, according to USCIS. H-1B visas are critical for employing highly skilled foreign workers in IT, engineering, medicine, and other key sectors.

In its October 16 lawsuit, the U.S. Chamber of Commerce argued that the proclamation exceeds presidential authority, imposes undue burdens on U.S. companies, and could “cripple sectors critical to the U.S. economy.” The policy has been called “misguided and plainly unlawful.”

While the $100,000 fee still applies to new H-1B petitions for foreign nationals outside the U.S., those already residing in the country under valid H-1B status, or seeking adjustments or extensions, are spared the steep cost.

The clarification is expected to influence how employers manage international talent and visa sponsorships, as the legal battle over the proclamation continues to unfold.