USCIS Clarifies $100,000 H-1B Visa Fee Implementation for Indian Professionals and Employers

The US Citizenship and Immigration Services (USCIS) has released detailed guidance on the controversial $100,000 H-1B visa fee, providing clarity for Indian professionals and US employers. Effective from September 21, 2025, the fee applies to new H-1B petitions filed for workers outside the United States without a valid visa, as well as petitions requesting consular or port of entry notifications. Employers are required to pay the fee online through the federal portal, while petitions for change of status or extensions within the US remain exempt, unless denied or if the worker departs the country before adjudication.

Exemptions are limited to H-1B holders with currently valid visas, petitions submitted before the September 21 deadline, and approved amendments, changes, or extensions of stay. USCIS emphasized that exceptions to the $100,000 fee are “extraordinarily rare,” only granted by the Secretary of Homeland Security if a worker’s presence is deemed in the national interest, no US worker is available, and the payment would otherwise significantly undermine US interests. Employers seeking such exemptions must apply directly to H1BExceptions@hq.dhs.gov.

The fee has sparked controversy and legal challenges, with the US Chamber of Commerce among the groups filing lawsuits against the policy. Critics argue that the fee could adversely impact small and mid-sized businesses and exceeds presidential authority, as fee-setting is traditionally a congressional power. Despite the pushback, the H-1B program remains a key pathway for high-skilled Indian professionals seeking employment in the United States.

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