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Existing H-1B holders safe as USCIS details Trump’s new $100,000 visa fee proclamation
The fee would apply only to the new, prospective H-1B visa petitions that had not yet been filed.
The US Citizenship and Immigration Services (USCIS) recently released an H-1B visa FAQ stating that a payment of $100,000 will be required for new H-1B visa petitions submitted after 12:01 am EDT (9:31 am IST) on September 21, 2025. This applies to the 2026 lottery as well as any other H-1B petitions filed after that time.
In an H-1B FAQ released on September 21, the US Citizenship and Immigration Services (USCIS) said that this proclamation is an important step to reform the H-1B visa programme and to “curb abuses and protect American workers.”
The FAQ document stated that a payment of $100,000 should be made to accompany any new H-1B visa application submitted after 12:01 am Eastern Daylight Time on September 21. This includes applications for the 2026 lottery and any other new H-1B filings beyond that date, it added.
Also read: How Indians reacted to Trump's $100,000 H-1B visa fee move: ‘American dream killed’
The H-1B visa at the centre of the proclamation is a non-immigrant visa that allows employers in the US to hire foreign workers in speciality occupations. On September 19, President Donald Trump signed the proclamation announcing the fee. In an earlier statement, USCIS had clarified that the fee would apply only to the new, prospective petitions that had not yet been filed. However, it did not specify the exact date and time when the rule would take effect. A White House official had told PTI that the $100,000 fee will "first apply in the next upcoming lottery cycle.”
One-time fee
USCIS further stated that the fee does not apply to any petitions filed before the 12:01 am deadline on Sept 21, previously issued H-1B visas, renewal petitions, and H-1B holders re-entering the US.
Also read: US H-1B visa fee: Industry experts say no immediate concerns, warn of long-term impact
The FAQ document also said that the proclamation also authorises the Department of Homeland Security (DHS) and the Department of State (DOS) to coordinate implementation steps.
Other reforms in H-1B visa programme
It also outlines other reforms to the H-1B visa programme, including a proposed rulemaking by the Department of Labor to revise and raise prevailing wage levels. The move is intended to upskill the H-1B programme and ensure it is used to hire “only the best of the best” temporary foreign workers.
Planned reforms further include a DHS rulemaking to prioritise high-skilled, high-paid workers in the H-1B lottery system over those at lower wage levels. In addition, the Department of State has issued guidance to all consular posts in line with USCIS and US Customs and Border Protection policies.
