The U.S. government has issued a clarification on the recently announced H-1B visa fee hike, ending weeks of confusion.
According to the latest statement from the U.S. Citizenship and Immigration Services (USCIS), the new $100,000 fee (around ₹88 lakh) will apply only to new H-1B petitions filed from outside the United States.
This clarification has come as a major relief for thousands of Indian engineers and IT professionals already working in the U.S. under H-1B or student visas.
💰 Key Highlights of the New Rules
1️⃣ Who must pay:
The $100,000 (₹88 lakh) fee applies to new H-1B visa petitions filed after September 21, 2025, at 12:01 a.m. (U.S. time) by companies on behalf of workers outside the U.S.
2️⃣ Consular or pre-clearance cases:
The same fee applies to petitions filed for consular processing or pre-flight inspection after the same date and time.
3️⃣ Who is exempt:
Students currently in the U.S. on F-1 visas (for full-time study),
Employees working under L-1 visas (intra-company transfers), and
Professionals already holding valid H-1B visas are completely exempt from the new fee.
4️⃣ Rejected applications:
Petitions filed within the U.S. that are later denied may be charged the fee only after rejection.
5️⃣ Filed before September 21, 2025:
Any H-1B petitions submitted before this date are not subject to the new fee.
6️⃣ National interest exemption:
In rare cases, if a company can prove that a foreign worker’s employment is of national importance and no suitable U.S. worker is available, it may request a fee waiver with supporting documentation.
🤝 What This Means for Indians
This clarification has brought huge relief to Indian engineers, IT professionals, and students already living and working in the United States.
Earlier, after Donald Trump was re-elected as U.S. President, his administration introduced new visa restrictions and raised the H-1B petition fee to $100,000 — sparking widespread concern among Indian applicants and American tech companies alike.
The latest clarification from USCIS now removes the ambiguity and ensures that existing visa holders and students in the U.S. will not be affected.
🧾 Summary — Who Is Affected?
| Category | Fee Applicable? |
|---|---|
| New H-1B petitions filed from outside the U.S. | ✅ Yes |
| Consular processing / pre-flight inspection cases | ✅ Yes |
| Applicants already in the U.S. (H-1B / L-1 / F-1 status) | ❌ No |
| Petitions filed before September 21, 2025 | ❌ No |
| National-interest employees (with proof) | ⚠️ Waiver can be requested |

