H-1B $100,000 fee explained: Who pays, who doesn’t, and what USCIS just clarified

The clarification, released on Monday, confirms that existing visa holders inside the US, including students and professionals, will not be required to pay the new fee, which applies only to new H-1B petitions filed for workers outside the country.

Here’s a breakdown of what the new rule means, who must pay, and who’s exempt.

On September 20, 2025, President Donald Trump signed a proclamation introducing a $100,000 annual fee, equivalent to nearly ₹90 lakh, for employers sponsoring technically skilled foreign workers on H-1B visas.

The administration said the fee was designed to “protect American workers” and curb what it called “abuse” of the visa programme, widely used by the tech industry to hire foreign professionals.