Donald Trump’s administration on Monday issued clarifications on the H-1B visa fee, a month after announcing a shocking $100,000 fee for a work visa. In its latest announcement, the US clarified who must pay the $100,000 exorbitant fees and who does not.
United States Citizenship and Immigration Services (USCIS) issued guidance Monday in an effort to clarify exemptions from President Donald Trump’s Sept. 19 “Restrictions on Entry of Certain Nonimmigrant Workers” proclamation.
USCIS also launched a payment portal on Monday and said applicants who have an H-1B visa fee receipt of $100,000 can move forward with their application.
USCIS clarified who is exempt and who is not with respect to the $100,000 H-1B visa fee.
H-1B Visa Fees: Who Is Exempt From Paying $100,000?
In its clarification, USCIS stated that not every foreign national applying for a US visa or holding an H-1B visa will be required to pay $100,000 or ₹88 million fee.
The $100,000 H-1B visa fee does not apply to those who already have a visa.
The Trump administration further noted that those who applied for an H-1B visa before 12:01 a.m. ET starting on September 21 will not have to pay the fees.
“The proclamation does not apply to any previously issued and currently valid H-1B visas or to any petitions filed before September 21, 2025 at 12:01 a.m. Eastern Time,” USCIS said.
Those who already have a US visa, including international students on F-1 visas and professionals on L-1 visas, will not have to pay the $100,000 H1-B visa fee when they go to change status.
USCIS said the H-1B fee does not apply to a petition filed on or after “September 21, 2025 at 12:01 a.m. EST that requests a change, change of status, or extension of an alien’s stay in the United States where the alien is permitted such change, change, or extension.”
The recipient will not be considered a payee if they subsequently leave the U.S. and apply for a visa based on an approved petition and/or seek to re-enter the U.S. on a current H-1B visa, the company said.
She added that the declaration also does not prevent any current H1-B holder from traveling to and from the United States.
Who must pay the $100,000 H-1B visa fee?
Under the rules, the employer must pay the H-1B visa fee for applicants who are applying for a visa for the first time from outside the US.
The H-1B visa fee will also apply if USCIS determines that the person is “ineligible for change of status or change or extension of stay.”
The $100,000 fee will apply if the applicant “is not in valid nonimmigrant visa status or if the alien leaves the United States prior to the determination of the application for adjustment of status.”
