US Clarifies Who Is Exempt From $100,000 H-1B Fee
The U.S. government has clarified details of the new $100,000 fee for certain H-1B visa applications, confirming that not all applicants will be required to pay the charge.
Who Must Pay
The new rule applies to fresh H-1B petitions filed after September 21, 2025, for workers outside the United States. U.S. employers sponsoring new foreign workers will generally face this cost.
Who Is Exempt
Officials stated that several categories will not be affected by the fee:
- Current H-1B holders applying for extensions or transfers.
- Applicants already in the U.S. on other visas, such as F-1 (student) or L-1 (intra-company transfer), shifting to H-1B without exiting the country.
- Petitions considered in the national interest or granted exemptions by the Department of Homeland Security.
Industry Concerns
Industry associations, including the U.S. Chamber of Commerce, have challenged the fee in court, warning it could raise hiring costs and reduce competitiveness for American companies.
Government Stand
The Trump administration has defended the measure, saying it is intended to prioritise American workers and reduce overdependence on foreign labour in sensitive industries.
