New USCIS Rule Exempts Current Visa Holders from $100,000 H-1B Fee

The United States Citizenship and Immigration Services (USCIS) has issued new guidance on the controversial $100,000 H-1B fee. The agency clarified that the massive fee does not apply to most existing visa holders in the United States. This announcement brings significant relief to thousands of foreign professionals and students. The guidance was released on Monday, October 21, 2025.

 

According to the USCIS, the fee targets only new applicants from abroad. The clarification specifically protects individuals already in the U.S. on other visa types.

Who Is Exempt from the New H-1B Fee?

The USCIS guidelines detail several key exemptions. Individuals on F-1 student visas will not pay the fee when changing status to H-1B. Professionals on L-1 intra-company transfer visas are also fully exempt.

Current H-1B holders are safe as well. They will not face the $100,000 charge when renewing their status. This applies to extensions and amendments for existing visa holders. The rule also protects those with petitions submitted before the September 21st deadline.

Broader Impact on U.S. Immigration and Businesses

This clarification stabilizes the situation for U.S. companies. Employers can retain their current international workforce without the new financial burden. The policy aims to avoid disrupting existing employees and their families.

The long-term effect on new international recruitment remains uncertain. According to Reuters, the high fee for new applicants could still reshape hiring practices. The U.S. tech industry, a major user of H-1B visas, is watching the situation closely.

The new USCIS guidance provides critical stability for current visa holders. This $100,000 H-1B fee exemption protects existing students and professionals from sudden, prohibitive costs.

Info at your fingertips-

Who has to pay the new $100,000 H-1B fee?

The fee applies to individuals applying for new H-1B visas from outside the United States. It targets petitions filed on or after September 21, 2025.

Do F-1 students need to pay the fee to switch to an H-1B?

No. The USCIS states that F-1 visa holders are exempt. They do not pay the fee for a change of status to H-1B.

Are current H-1B holders affected by this new rule?

Current H-1B holders are not affected. They are exempt from the fee for visa renewals, extensions, or amendments.

What was the source of the $100,000 fee?

The fee was instituted by a proclamation from President Donald Trump. It was announced on September 20, 2025.

Can an L-1 visa holder change status without the fee?

Yes. The guidelines confirm that L-1 to H-1B change of status requests are exempt from the $100,000 charge.