H-1B Visa Rule: Trump Administration Lists Categories Exempt From $100,000 Charge

Last Updated:October 21, 2025, 09:37 IST

The $100,000 fee was introduced by US President Donald Trump through a proclamation issued on September 20, 2025.

The fresh guidelines provide explicit confirmation in a section titled “Who Is Subject To The $100,000 Fee.”

In a major relief for thousands of visa holders in the United States, the US Citizenship and Immigration Services (USCIS) has clarified that the newly announced $100,000 fee for a “change of status" to an H-1B visa will not apply to existing visa holders.

The clarification came through updated USCIS guidelines issued Monday, confirming that individuals already residing in the US on valid visas—such as F-1 student visas or L-1 professional visas—will not be required to pay the fee when applying for a change of status to H-1B. The exemption also extends to current H-1B visa holders seeking to renew or extend their status.

The $100,000 fee was introduced by US President Donald Trump through a proclamation issued on September 20, 2025. It stated that anyone applying for an H-1B visa on or after 12:01 a.m. ET, September 21, 2025, would be subject to the new charge. While initial USCIS notices had hinted that current visa holders might be exempt, the details were previously unclear.

The fresh guidelines provide explicit confirmation in a section titled “Who Is Subject To The $100,000 Fee." It states that the proclamation “does not apply to any previously issued and currently valid H-1B visas, or any petitions submitted prior to 12:01 am ET on September 21, 2025."

Also Read: Indian Techie’s H-1B Visa Approved In 60 Secs; Smooth Interview Wins Internet’s Praise

US On F-1, L-1 Visas

Addressing F-1 and L-1 visa holders specifically, the agency said those who apply to change their status to H-1B will also be exempt. “The Proclamation does not apply to a petition filed at or after 12:01 a.m. ET on September 21, 2025, that is requesting an amendment, change of status, or extension of stay for an alien inside the United States where the alien is granted such amendment, change, or extension," the USCIS said.

The guidelines also specify that even foreign nationals whose F-1, L-1, or H-1B visas have expired will not be required to pay the fee if they reapply based on an already approved petition or reenter the US on a valid H-1B visa.

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