- A $100,000 fee applies to new H-1B visa petitions filed from outside the US
- Employers, not visa applicants, are responsible for paying the $100,000 fee
- Existing H-1B holders and some visa status changes are exempt from the fee
Working and living in the United States has long been an aspiration for many Indian professionals and graduates. But the recent announcement of a $100,000 fee linked to the H-1B visa programme sent shockwaves through both employers and foreign workers.
Now, the U.S. Citizenship and Immigration Services (USCIS) has issued a clarification - released on October 20 - outlining who must pay the fee, who is exempt, and how the payment process will work. The update has provided much-needed clarity and relief, particularly for existing H-1B visa holders already living and working in the U.S.
What Exactly Is The H-1B Visa?
The H-1B visa allows skilled foreign professionals to work in the U.S. in specialised fields that demand specific qualifications - including technology, engineering, finance, healthcare, and research.
It also covers certain fashion models, physicians, and experts working on U.S. Department of Defense projects. To qualify, applicants must hold at least a bachelor's degree or possess equivalent professional experience.
Also Read: Amid H-1B Visa Chaos, Girlfriend Left Alone On Rome Trip As Boyfriend Booked Next Flight To US
The $100,000 Fee: Debate And Confusion
In September 2025, the Trump administration announced a new $100,000 fee for H-1B petitions, describing it as a step to curb dependence on foreign workers.
However, the lack of clarity around the rule - particularly who would need to pay, and when - left both employers and visa applicants uncertain about how it would apply in real terms.
Clarification On The $100,000 Fee Rules
The latest USCIS guidance has confirmed that not everyone will have to pay. The $100,000 fee does not apply to individuals who are already in the United States and are simply changing their visa status - for example, students shifting from an F-1 visa to an H-1B.
It will also not apply to:
- Current H-1B holders who were in the U.S. as of September 21, 2025
- Visa holders travelling abroad within the validity of their existing visa
- Individuals whose petitions were filed before September 21, 2025
- H-1B workers serving in the national interest and posing no risk to U.S. welfare or security
This means the rule mainly targets new applicants from outside the U.S., not those who are already part of the existing visa system.
Who Will Have To Pay The $100,000 Fee
Employers who plan to hire new foreign workers from abroad will need to pay the $100,000 fee at the time of submitting an H-1B petition.
Importantly, the rule specifies that employers - not the visa applicants - are responsible for covering this cost.
The fee applies primarily to:
- Workers currently outside the U.S., or
- Those who must leave the country before their petition is processed
Also Read: "So Accurate": Traveller Shares His Culture Shock After Visiting America From India
How And When The $100,000 Payment Must Be Made
Where To Pay The Fee
According to immigration resource Boundless, employers must pay the fee electronically via pay.gov using the form titled "H-1B VISA PAYMENT TO REMOVE RESTRICTION."
When To Pay The Fee
The payment must be made before submitting the H-1B petition. Employers must attach proof of payment or documentation of exemption at the time of filing.
Petitions without payment confirmation or exemption proof will be rejected by USCIS.
Documents To Attach After Payment
Employers must include one of the following:
- A copy of the pay.gov payment confirmation, or
- An approved exemption letter from the Department of Homeland Security
Refund Rules For The $100,000 Fee
If a petition is denied, USCIS has confirmed that the $100,000 will be refunded in full. Employers have been advised to verify bank details carefully to prevent delays in processing refunds.
What The New Fee Means For U.S. Employers
- For many U.S. companies - especially in technology, research, and engineering sectors - the financial impact could be significant.
- A company hiring ten H-1B workers a year could face an additional $1 million in annual costs. This is expected to push HR departments to rethink hiring strategies, rework salary budgets, and ensure compliance with new immigration rules.
Industry analysts have warned that the change could discourage firms from hiring global talent, potentially reducing diversity in workplaces and slowing innovation.
Also Read: Will The Recent Changes In US H-1B Visa Affect Indian Tourists? What You Need To Know
Impact On Skilled Workers In India
For Indian professionals - particularly recent graduates and early-career candidates - the rule could make the H-1B route more restrictive and competitive.
With the steep cost now on employers, companies might prioritise senior-level or highly specialised roles for sponsorship, limiting opportunities for younger workers hoping to start their careers in the United States.
While the clarifications from USCIS have reduced confusion, the new fee could still reshape how global talent pipelines operate between India and the U.S.
Explained: What You Need To Know About The $100,000 H-1B Visa Fee
1. What is the new rule?
A $100,000 fee has been introduced for H-1B visa petitions filed from outside the U.S.
2. Who pays the fee?
The employer - not the visa applicant - must pay the amount.
3. Who is exempt?
Existing visa holders in the U.S., students shifting from F-1 to H-1B, and those with petitions filed before September 21, 2025.
4. How is payment made?
Through pay.gov using the form titled "H-1B VISA PAYMENT TO REMOVE RESTRICTION".
5. Will the fee be refunded if the petition is denied?
Yes, the full amount will be refunded.
6. What does this mean for Indian professionals?
It could make the H-1B pathway tougher for young professionals and graduates, as employers may now reserve sponsorships for highly skilled or senior roles.
