Existing H-1B holders unaffected as USCIS explains Trump’s $100,000 H-1B visa fee

USCIS clarifies Trump’s $100,000 H-1B visa fee rules for applicants

The $100,000 H-1B visa fee announced by the US Citizenship and Immigration Services (USCIS) has sparked widespread debate across the tech industry. Signed by President Donald Trump on September 19, 2025, the proclamation takes effect from 12:01 am EDT (9:31 am IST) on September 21. USCIS has clarified that the rule applies only to new petitions, including the 2026 lottery cycle. Importantly, existing H-1B holders and renewals remain safe from the $100,000 H-1B visa fee.

What the USCIS FAQ Clarifies

According to USCIS, the $100,000 H-1B visa fee excludes petitions filed before the September 21 deadline, already issued visas, renewal applications, and re-entry of existing holders. The Department of Homeland Security (DHS) and the Department of State (DOS) will coordinate on implementing the rule.

USCIS clarifies Trump’s $100,000 H-1B visa fee rules for applicants

Other Planned Reforms to the H-1B Program

Beyond this new policy, the Department of Labor is preparing to raise prevailing wage levels to ensure the visa program attracts “only the best of the best” talent. Planned reforms also include prioritizing high-paid, high-skilled workers in the H-1B lottery system.

Impact on Indian IT and Global Talent Mobility

The $100,000 H-1B visa fee could raise hiring costs sharply for Indian IT companies, which have long relied on the visa to send skilled professionals to the US. While larger firms may adjust, smaller companies could struggle, potentially reducing competition and altering global tech hiring trends.

FAQs

Q: Does the $100,000 H-1B visa fee affect existing holders?
A: No, USCIS confirmed that current H-1B holders and renewals remain unaffected.

Q: When does the $100,000 H-1B visa fee begin?
A: It applies to all new petitions filed after September 21, 2025.

Q: Why was the $100,000 H-1B visa fee introduced?
A: USCIS says the goal is to curb misuse and protect American workers.

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