Washington: Foreign workers on H-1B visas received a major relief as the US Department of Homeland Security (DHS) issued clarification on the controversial $100,000 H-1B visa fee. The guidance ,part of ongoing H-1B visa 2025 news, includes key exemptions and clarifies who is liable for the fee.
Under the new rules, workers switching to H-1B status from other visa categories like F-1 student visas will not pay the $100,000 fee. Latest H-1B visa 2025 news updates, H-1B workers applying for amendments, changes of status, or extensions within the US are also exempt. Importantly, current H-1B holders can enter or leave the US without facing any new charges.
The fee applies only to new H-1B visa petitions filed from outside the US by individuals without a valid H-1B visa. DHS has provided an online payment link for new applicants to simplify the process.
This clarification follows lawsuits challenging the fee. The US Chamber of Commerce argued that the fee would raise labor costs and reduce hiring of highly skilled foreign workers, calling the September 19 proclamation “unlawful” and a “boon to America’s economic rivals.” Earlier, unions, education professionals, and religious organizations also filed a similar lawsuit.
The Trump administration initially defended the fee as an incentive to hire American workers, but the unclear language caused confusion about its effect on current visa holders. The White House later confirmed that the $100,000 charge is a one-time fee for new applications only.
India-born workers, who received over 70% of approved H-1B visas in 2024, are majorly impacted by these rules due to high demand for skilled professionals. The DHS clarification ensures that current visa holders are safe, while new applicants outside the US will follow the updated fee guidelines.
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