USCIS issues important clarification on Trump's $100,000 H-1B visa fee
The agency confirmed that the six-figure fee does not apply to applicants shifting visa categories, such as foreign students moving from an F-1 visa to H-1B status
- Oct 24, 2025,
- Updated Oct 24, 2025 10:57 AM IST
The U.S. Citizenship and Immigration Services (USCIS) has clarified that the $100,000 H-1B visa fee, imposed in September under President Donald Trump’s executive order, applies only to first-time applicants living outside the United States.
In updated guidance published late Monday, USCIS stated that the fee covers applications filed on or after September 21 for skilled foreign workers who are not current H-1B holders and are applying from abroad. The payment must be made in advance, and the rule also extends to petitions that “request consular notification, port of entry notification, or pre-flight inspection for an alien in the United States.”
No fee for shifting categories
For employers and workers already in the U.S., the clarification provides relief. The agency confirmed that the six-figure fee does not apply to applicants shifting visa categories, such as foreign students moving from an F-1 visa to H-1B status.
The White House had initially said the fee would apply to all new applicants, with limited exemptions for specialised workers who do not “pose a threat to the security or welfare” of the country. In announcing the policy on September 19, President Trump said the measure was aimed at ending “abuse” of the visa system while maintaining opportunities for top global talent.
“The new fee is necessary to address the abuse of that program while still permitting companies to hire the best of the best temporary foreign workers,” Trump said, adding that some employers had been “undercutting American wages by hiring lower-paid foreign workers.”
US govt is trying to get vocal for local
The administration insists the fee will push U.S. companies to hire locally and restore “fairness” in the labour market. Economists, however, predict a mixed impact. While some tech sector jobs could open up to Americans as firms reconsider costly foreign hires, research suggests the long-term effects may be neutral or even positive.
A 2024 study by the IZA Institute of Labour Economics found that H-1B professionals often boost total employment, noting that “every H-1B worker a company hired helped produce additional job gains,” including domestic hires.
The fee has already drawn legal challenges. The U.S. Chamber of Commerce filed suit against the Trump administration earlier this month, calling the measure unlawful under the Immigration and Nationality Act. A separate lawsuit from healthcare groups and labour unions, filed in October, argues that the policy imposes “an unreasonable financial burden” on employers and skilled migrants alike.
The U.S. Citizenship and Immigration Services (USCIS) has clarified that the $100,000 H-1B visa fee, imposed in September under President Donald Trump’s executive order, applies only to first-time applicants living outside the United States.
In updated guidance published late Monday, USCIS stated that the fee covers applications filed on or after September 21 for skilled foreign workers who are not current H-1B holders and are applying from abroad. The payment must be made in advance, and the rule also extends to petitions that “request consular notification, port of entry notification, or pre-flight inspection for an alien in the United States.”
No fee for shifting categories
For employers and workers already in the U.S., the clarification provides relief. The agency confirmed that the six-figure fee does not apply to applicants shifting visa categories, such as foreign students moving from an F-1 visa to H-1B status.
The White House had initially said the fee would apply to all new applicants, with limited exemptions for specialised workers who do not “pose a threat to the security or welfare” of the country. In announcing the policy on September 19, President Trump said the measure was aimed at ending “abuse” of the visa system while maintaining opportunities for top global talent.
“The new fee is necessary to address the abuse of that program while still permitting companies to hire the best of the best temporary foreign workers,” Trump said, adding that some employers had been “undercutting American wages by hiring lower-paid foreign workers.”
US govt is trying to get vocal for local
The administration insists the fee will push U.S. companies to hire locally and restore “fairness” in the labour market. Economists, however, predict a mixed impact. While some tech sector jobs could open up to Americans as firms reconsider costly foreign hires, research suggests the long-term effects may be neutral or even positive.
A 2024 study by the IZA Institute of Labour Economics found that H-1B professionals often boost total employment, noting that “every H-1B worker a company hired helped produce additional job gains,” including domestic hires.
The fee has already drawn legal challenges. The U.S. Chamber of Commerce filed suit against the Trump administration earlier this month, calling the measure unlawful under the Immigration and Nationality Act. A separate lawsuit from healthcare groups and labour unions, filed in October, argues that the policy imposes “an unreasonable financial burden” on employers and skilled migrants alike.