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$100,000 H-1B visa fee takes effect today, these are the categories not impacted | Full list
The United States Citizenship and Immigration Services issued a guidance to reduce confusion, clarifying who is not affected by the news H1b visa fee.
US President Donald Trump’s latest overhaul of the H-1B visa program has left some immigrant workers confused, prompting clarification from the administration that the new $100,000 visa fee applies only to new applicants and not to current visa holders.
The proclamation, signed Friday, targets H-1B visas, which are issued to high-skilled workers in fields such as technology, where US companies face difficulty filling positions. The fee takes effect at 12:01 a.m. ET (9:31am IST) Sunday and is set to expire after one year, although it could be extended if deemed in the national interest.
“This applies only to new visas, not renewals, and not current visa holders,” White House press secretary Karoline Leavitt clarified in a post on X. “Those who already hold H-1B visas and are currently outside of the country right now will NOT be charged $100,000 to re-enter,” she added.
Panic among Indian H-1B professionals
The clarification brought relief to thousands of Indian professionals on H-1B visas, who had expressed panic after the proclamation was signed.
Many reportedly canceled travel plans or scrambled to return to the US to avoid being caught outside when the fee took effect.
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“H-1B visa holders who are out of the US on business or vacation will get stranded unless they get in before midnight September 21. H-1Bs still in India may have already missed the deadline, as there is no way a direct flight from India will get in time,” said New York-based immigration attorney Cyrus Mehta in a post on X.
USCIS clarifies who is not affected
The United States Citizenship and Immigration Services (USCIS) issued a guidance to reduce confusion over the new fee. According to the agency, the following key categories will not be affected:
- The rule does not affect beneficiaries of petitions filed before the effective date (September 21).
- Individuals with currently approved petitions are not subject to the fee.
- Those already in possession of validly issued H-1B visas can travel to and from the US without paying the new fee.
USCIS director Joseph Edlow reiterated in a memo that all officers must ensure their decisions comply with this guidance, stating that current visa holders’ travel rights remain unaffected.
H-1B visa
The US issues a maximum of 65,000 H-1B visas each year, with an additional 20,000 for applicants holding US master’s or higher degrees. Current H-1B visa fees range from approximately USD 2,000 to USD 5,000 depending on employer size and other costs.
The H-1B visa allows US companies to employ foreign workers in specialty occupations requiring technical or theoretical expertise.
