New regulations may impose a $100,000 fee on certain H-1B visa applications, raising questions about their impact on visa status and processing.
The recent announcement regarding a $100,000 fee for specific H-1B visa applications has sparked concern among prospective applicants and current visa holders. This fee, which is set to take effect at 12:01 a.m. EDT on September 21, 2025, is aimed primarily at H-1B workers who are currently outside the United States.
As the situation evolves, many are left wondering how this new fee will affect their visa status and application processes. The American Immigration Lawyers Association (AILA) has reached out to the U.S. Citizenship and Immigration Services (USCIS) for clarification on various scenarios that remain uncertain.
According to the current guidelines, the payment of the $100,000 fee is required for new H-1B petitions filed by companies seeking to bring workers from outside the U.S. However, the requirements become less clear in other situations. For example, if a company files a new petition to bring back someone who was previously on an H-1B visa but is currently outside the U.S., the necessity of the fee is still uncertain.
In cases where an individual is applying for an H-1B visa from within the U.S., such as an F-1 student transitioning to H-1B status, the requirement for the fee is also unclear. The USCIS has yet to provide definitive guidance on these matters.
For existing H-1B visa holders, the implications of the new fee vary significantly. Those applying for an extension or renewal with the same employer do not need to pay the fee, nor do individuals transferring to a new employer while remaining in the U.S. Additionally, existing H-1B workers who travel abroad during the extension or transfer process will not be required to pay the fee, provided their petition was filed while they were still in the U.S.
Current H-1B visa holders who are outside the country and wish to re-enter the U.S. will also not be subject to the fee. This exemption applies to individuals who have been counted against the cap and are returning to the U.S. after traveling abroad.
Despite these clarifications, many questions remain unanswered. The AILA has submitted a four-page questionnaire to the USCIS, seeking further details on various aspects of the new fee, including its implications for renewals, changes of employer, amended petitions, cap-exempt petitions, extensions of stay applications, and the payment method for the fee. They are also inquiring about the status of H-4 dependents.
The Indu Law Group (ILG) notes that the situation is rapidly changing as agencies work to implement the new proclamation. As more information becomes available, it is crucial for individuals affected by these changes to stay informed and seek guidance regarding their specific circumstances.
For those with questions about how the new fee may impact their H-1B visa status, it is advisable to consult with immigration experts or legal professionals who can provide tailored advice based on individual situations.
As the deadline approaches, the uncertainty surrounding the $100,000 fee continues to generate discussions among stakeholders in the immigration community. The potential for extensions of the proclamation adds another layer of complexity to the situation, making it essential for applicants to remain vigilant and proactive in understanding their rights and responsibilities under the new regulations.
Source: Original article