Trump Administration Clarifies $100,000 H-1B Visa Fee Exemptions: Relief for Current US Visa Holders

Current H-1B visa holders will not face restrictions when leaving and re-entering the United States.

In a significant development providing relief to existing US visa holders, particularly Indians, the United States Citizenship and Immigration Services (USCIS) has issued clarification that recent international college graduates sponsored for H-1B status while already in the US will not be subject to the substantial $100,000 fee recently imposed on the program by the Trump administration.

The presidential proclamation regarding the $100,000 H-1B visa fee, announced by the Trump administration on September 19, 2025, created widespread confusion among employers and visa holders, as previous guidance from US agencies left many questions unanswered.

In guidance released on October 20, USCIS clearly specified that the hefty fee would not apply to a "change of status" - situations where individuals transition from one visa category to another without departing the country, such as F-1 students converting to H-1B status - or to those seeking extensions of stay while in America.

However, USCIS clarified that petitions filed for workers outside the US, or for workers who must exit the US before their petition adjudication, will indeed be subject to the fee.

The agency confirmed that current H-1B visa holders will maintain their ability to leave and re-enter the United States without impediment.

"The Proclamation applies to new H-1B petitions filed at or after 12:01 a.m. 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," stated the USCIS.

"The Proclamation also applies if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests consular notification, port of entry notification, or pre-flight inspection for an alien in the United States."

USCIS has established an online portal to facilitate payment of the $100,000 petition fee mandated by the September 19 proclamation.

While the Trump administration has not indicated any roles that would receive blanket waivers, they mentioned that employers can request exceptions if a worker's presence serves the national interest and no qualified American candidates are available for the position.

The Monday guideline represents the first attempt by the Trump administration to address the confusion surrounding the H-1B visa fee since the proclamation was issued.

This clarification appears to benefit college graduates on F-1 student status and employees on L-1 visas, including many Indians, as it confirms that those already present in the US would not face the $100,000 charge.

An L-1 visa is a non-immigrant US work visa enabling multinational companies to transfer employees from their foreign offices to US locations. The F-1 visa is a non-immigrant visa for foreign students pursuing full-time education at accredited institutions in the United States.

Team Trump has clarified that the $100,000 H-1B visa fee will not apply to anyone changing their visa status, meaning individuals already holding a US visa will be exempt from this fee.

The September proclamation represented President Donald Trump's most disruptive measure targeting foreign worker employment in the US. While the administration maintained that the fee would address abuse of the program (commonly used in the tech sector), several legal challenges have warned that it could severely impact various US industries unable to meet critical labor needs.

Although the administration quickly specified that only new H-1B petitions would be affected, significant questions remained unresolved, including the impact on student visa holders and whether any industries or occupations would receive exemptions from the fee.