Big Relief for Indian Students and Techies as US Announces Exemptions to H1B $100,000 Visa Fees
The United States Citizenship and Immigration Services (USCIS) has started to implement the $100,000 fee for H1B visas. The Trump administration introduced the increased H1B visa fees in September. This initiative is designed to limit the number of international workers coming to work in the USA and to prioritize American workers. However, there might be some exceptions to this 100k H1B visa fee. USCIS has provided a few guidelines on who can be exempted, including specific employers, visa holders already residing in the USA, etc. It is important for Indian nationals to understand the exemptions, as in 2024, Indians were granted the maximum number of H1B visa approvals. Read along to understand who has to pay the increased H1B visa fee, how you can be exempted from $100,000 fee and more related details.
This Story also Contains
- Who are exempted from paying the $100,000 H1B fees?
- Who are Required to Pay the $100,000 H1B Fee?
- H1B Visa Fees Exemption Impact on International Students
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Who are exempted from paying the $100,000 H1B fees?
As the USCIS is starting to apply the new H1B visa fees, they have clarified that there are some exemptions for applicants under specific conditions. Although this exemption is rare, aspiring applicants must be aware of these. In addition, USCIS has clarified that those who have the H1B petition approved or a current H1B visa holders have no restrictions on traveling. Moreover, they do not have to pay the new $100,000 fees. To be exempted from the increased H1B visa fees, consider the following scenarios.
Current H1B Holders: If an applicant is filing to extend their H1B visa, change employer or is currently holding an H1B visa, then they are exempt from paying the $100,000 fee.
Change of US Visa Status: Those changing their visa status are also exempt from the increased H1B fees. This means that international students on an F1 visa or workers on an L1 visa in USA will be exempted if they are planning to change their visa.
H1B Petitions Filed Before September 21, 2025: All applications submitted before September 21, 2025 are exempt from paying the increased H1B visa fees. The applications must be submitted at or after 12:01 am Eastern Daylight Time on September 21, 2025 to be approved for the exemption.
Approved National Interest: If the US employer can provide the relevant proof that the H1B applicant’s role serves the US national interest or there is no American worker available for that particular job role, they might get the H1B visa fees waiver.
Each case will be evaluated individually by USCIS and the Department of Homeland Security (DHS). All the H1B visa exemption requests must be sent to H1BExceptions@hq.dhs.gov. Make sure to provide proper documentation and evidence to support your exemption.
Who are Required to Pay the $100,000 H1B Fee?
As the exemptions are only applicable to a minimal number of applications, the following are liable to pay the $100,000 H1B visa fees.
The fee applies to new petitions made after 12:01 am, September 21, 2025.
All new applications made by international workers who do not have a valid H1B visa must pay the increased fees.
Petitions without proof of payment or an approved exemption request will be automatically rejected.
H1B Visa Fees Exemption Impact on International Students
The H1B visa fees exemption has been beneficial for Indian students currently living in USA on F1 visa. This is because those who are currently in USA and are applying to change their visa status are exempt from paying the $100,000 visa fees. This is a big relief for students and workers currently in USA. However, for those outside USA and are planning to get the H1B visa, their sponsor will be required to pay the increased fee. However, the US Chamber of Commerce has filed a lawsuit against the increased H1B visa fees. This is because many US employers are concerned that the increased cost would limit them from hiring highly skilled international workers.
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Frequently Asked Questions (FAQs)
Q: How much is the H-1B cap exempt visa fee?
A:
There is no fixed cap exempt visa fees for the H1B visa. Howeve,r all new applications are required to pay the 100k visa fees.
Q: Does H1B renewal require 100k?
A:
No, H1B visa renewal applications are not required to pay the increased H1B visa fees of $100,000. Only the new applications are liable for the new fees.
Q: Who does the 100k H-1B fee apply to?
A:
The H1B visa fees apply to all those applications that were filed after 12:01 am on September 21, 2025. The employers have to pay the $100,000 fees for new applications. Those who are already in USA and plan to change their visa status, extend their H1B visa or make any amendments are exempt from paying the H1B fees.
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