WASHINGTON– In a significant relief for foreign professionals, the U.S. Department of Homeland Security (DHS) has issued new guidance on the controversial $100,000 H-1B visa application fee, outlining key exemptions and clarifications aimed at easing concerns among current visa holders and employers.
According to the updated guidelines, the fee will apply only to new H-1B visa petitions filed by applicants outside the United States who do not already hold a valid H-1B visa. Workers currently in the U.S. seeking amendments, extensions, or changes of status—including those transitioning from F-1 student status—will not be subject to the new fee.
The DHS further confirmed that current H-1B holders will continue to be able to enter and exit the country without any restrictions or additional charges. The guidance also introduced an online payment option for eligible new applicants.
The clarification follows widespread confusion and backlash over President Donald Trump’s September 19 proclamation, which initially appeared to apply to all visa holders. The U.S. Chamber of Commerce filed a lawsuit last week challenging the fee, calling it “unlawful” and warning that it would “inflict significant harm on American businesses” by driving up labor costs and restricting access to skilled workers.
In its court filing, the Chamber described the rule as “plainly unlawful” and a “boon to America’s economic rivals.” It was the second major legal challenge to the administration’s H-1B policy shift, following a separate lawsuit by unions, education organizations, and religious institutions earlier this month.
While signing the original proclamation, Trump had said the measure was intended to “incentivize hiring American workers.” However, the policy drew criticism for its potential to disrupt companies reliant on highly skilled foreign professionals—many of whom are Indian nationals.
A White House clarification issued to IANS on September 20 emphasized that the fee is a “one-time payment” applying only to new applications, not renewals or current holders.
India-born professionals continue to dominate the H-1B program, accounting for over 70 percent of approvals in 2024—reflecting both high demand from U.S. employers and the ongoing backlog of skilled immigration cases. (Source: IANS)
