Sunday 21 / September / 2025
Washington, DC: The US Citizenship and Immigration Services (USCIS) clarified that the USD 100,000 fee on H-1B visa applications will only apply to the new applicants and not to the petitions submitted prior to September 21.
"This proclamation only applies prospectively to petitions that have not yet been filed. The proclamation does not apply to aliens who: are the beneficiaries of petitions that were filed prior to the effective date of the proclamation, are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B non-immigrant visas," Joseph B Edlow, Director of USCIS, clarified in a memorandum on Saturday (local time).
White House Press Secretary Karoline Leavitt also confirmed the same. She also stated that the USD 100,000 fee on the H-1B visa application is a one-time fee, clarifying the misconception that it is an annual fee.
"To be clear: This is NOT an annual fee. It's a one-time fee that applies only to the petition. This applies only to new visas, not renewals, and not current visa holders," Karoline Leavitt said in a post on X.
She also informed that the fee will not be charged on H-1B visa holders who are currently outside of the country.
"Those who already hold H-1B visas and are currently outside of the country right now will NOT be charged $100,000 to re-enter. H-1B visa holders can leave and re-enter the country to the same extent as they normally would; whatever ability they have to do that is not impacted by yesterday's proclamation," she said.
She further said that the fee hike on H-1B visas will be applied in the upcoming lottery cycle.
With 71-72% of H-1B visas going to Indians, the move has sparked concerns about its effects on Indian tech professionals and remittances.
The Indian government has advised all its Missions/ Posts to extend all possible help to Indian nationals who are travelling back to the US in the next 24 hours or so.
The government said on Saturday that the full implications of the US decision to impose a USD 100,000 annual fee on H-1B visa applications are being studied by all concerned, including the Indian industry, and that the measure is likely to have humanitarian consequences by way of the disruption caused for families.
In a statement regarding restrictions to the US H1B visa programme, the Official Spokesperson of the Ministry of External Affairs said the industry in both India and the US has a stake in innovation and creativity and can be expected to consult on the best path forward.
"The Government has seen reports related to the proposed restrictions on the US H1B visa program. The full implications of the measure are being studied by all concerned, including by Indian industry, which has already put out an initial analysis clarifying some perceptions related to the H1B program," the statement said.
