The Donald Trump administration has issued detailed guidelines on the $100,000 H-1B visa fee, introduced through a presidential proclamation in September. The clarification brings relief to many applicants, especially international students.

Who has to pay the H-1B visa fee?

According to the US Citizenship and Immigration Services (USCIS),

"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 USCIS added that the proclamation also applies if a petition requests consular notification, port of entry notification, or pre-flight inspection for someone in the US.

The key relief for many employers and students is that the fee will not apply to “change of status” cases, such as students shifting from an F-1 visa (student) to an H-1B visa (work) without leaving the US.

The $100,000 visa fee, roughly ₹89 lakh, was announced on September 19 and immediately caused confusion among employers and foreign workers. Many questioned who would have to pay and how the process would work.

Indian students, who make up the largest group of international students in the US, welcomed the new clarity. As per US Immigration and Customs Enforcement (ICE) data, Indians made up 27% of all foreign students in 2024, marking an 11.8% rise from the year before.

Fee waived for reentries and amendments

The USCIS has clarified that the new fee does not apply to existing H-1B visa holders or petitions approved before September 21, 2025.

The agency said, "The Proclamation does not apply to any previously issued and currently valid H-1B visas, or any petitions submitted prior to 12:01 am eastern daylight time on September 21, 2025."

It further explained that petitions filed for amendments, extensions, or status changes within the US will also be exempt. Even if such a visa holder later leaves the country and returns, they will not be required to pay the fee again.

However, employers will still have to pay the fee if USCIS denies an application, ruling that the applicant was not eligible for an extension or status change.

Rare exemptions by Homeland Security Secretary

The guidance also mentions that Secretary of Homeland Security Kristi Noem can grant exemptions “in extraordinarily rare circumstances.”

USCIS said these exemptions may apply if:

  • No American worker is available to fill the position, or

  • The immigrant’s employment serves the national interest.

How to pay the $100,000 fee

USCIS has directed that the fee must be paid through pay.gov, a US government payment portal. The payment should be made before submitting an H-1B petition, and proof of payment or exemption must be included. Petitions without proof will be rejected automatically.

This clarification came soon after the US Chamber of Commerce filed a lawsuit against the Trump administration, calling the new visa fee “unlawful and harmful to small and medium-sized businesses.”