USCIS Clarifies $100,000 H-1B Visa Fee, Offering Relief to Workers and Students.Days after a coalition of labor unions, schools, healthcare providers, faith groups, and individual workers filed suit—following a similar move by the U.S. Chamber of Commerce—U.S. Citizenship and Immigration Services (USCIS) quietly updated its website to clarify the controversial $100,000 H-1B visa fee.The clarification comes amid confusion over recent fee hikes, a decline in foreign student arrivals, and multiple legal challenges to the Trump-Vance administration’s so-called “Innovation Ban.”USCIS confirmed that the $100,000 fee generally does not apply to individuals already in the U.S. changing their status to H-1B, as long as the agency approves the change. This includes current H-1B holders, F-1 student visa holders, L-1 intra-company transferees, and international graduates sponsored for H-1B status.The agency stated that the fee “does not apply to any previously issued and currently valid H-1B visas, or any petitions submitted prior to 12:01 a.m. ET on September 21, 2025.”
H-1B holders can continue traveling in and out of the U.S. without restriction.This clarification provides significant relief for students, workers, and employers who had feared major disruptions. Without intervention, hospitals could have lost medical staff, schools and universities teachers and researchers, churches pastors, and industries key innovators.However, USCIS emphasized that the fee still applies in certain cases: for individuals outside the U.S. filing new H-1B petitions, seeking consular processing, or deemed ineligible for a change of status, amendment, or extension of stay.Indian tech professionals, who make up the majority of H-1B holders, are among the primary beneficiaries. Approximately 70% of new H-1B allocations go to Indian nationals—around 300,000 individuals—who rely on these visas for upward mobility and contribute significantly to India’s economy through remittances. Indian students, accounting for 27% of all international students in the U.S., also benefit, especially in light of prior strict immigration crackdowns under the Trump administration. Reacting to the USCIS update, Skye Perryman, President and CEO of Democracy Forward, which represented the coalition in court, said:”When confronted by the people in court, this administration often backs off. Today’s policy shift shows that the Trump-Vance administration’s unlawful proclamation cannot withstand scrutiny. But partial retreats and fine print are not enough. The President cannot sidestep Congress, destabilize health care, education, and research, or force workers to gamble their futures. We have stopped these abuses before, and we will continue until this harmful policy is fully struck down.”
