WASHINGTON, Oct 21 — The United States Citizenship and Immigration Services (USCIS) on Monday clarified that the newly imposed USD 100,000 fee on H-1B visa petitions will not apply to individuals seeking a “change of status” or “extension of stay.”
The clarification follows President Donald Trump’s September 19 proclamation, ‘Restriction on entry of certain nonimmigrant workers’, which introduced the steep fee for new H-1B visa filings starting September 21, 2025. The USCIS said the proclamation targets only new petitions and excludes previously issued and valid H-1B visas or petitions submitted before the deadline.
“The proclamation does not apply to any previously issued and currently valid H-1B visas or any petitions submitted prior to 12:01 am EDT on September 21, 2025,” the USCIS said in a statement. “It also does not prevent any current H-1B holder from travelling in and out of the United States.”
The agency further noted that the fee exemption also covers petitions filed after the cut-off date if they request an amendment, change of status, or extension of stay for workers already present in the US. However, if an applicant is found ineligible for such changes, the new fee would apply.
USCIS clarified that beneficiaries who later leave the US and reenter using an existing or approved petition will also remain exempt from the USD 100,000 payment.
The proclamation has sparked strong criticism from industry groups and immigration advocates, who warn it could severely impact skilled professionals, particularly from India, which accounts for nearly 71 per cent of all approved H-1B petitions in recent years.
“The decision will make it harder for US companies to attract the world’s best talent and undermine America’s competitive edge,” the US Chamber of Commerce said in a statement, after filing a lawsuit on October 16 challenging the policy in a district court in Columbia. The chamber called the measure a “misguided policy and plainly unlawful” move that exceeds the president’s legal authority.
Each year, tens of thousands of highly skilled foreign professionals — especially in technology and engineering — contribute to the American economy through the H-1B visa program.
