Recent international graduates sponsored for H-1B status while in the United States will not have to pay the new $100,000 visa petition fee, according to updated guidance issued by the US Citizenship and Immigration Services ( USCIS) on Monday.
The clarification comes after President Donald Trump’s September 19 proclamation that introduced the fee — a move described as one of his administration’s most disruptive steps affecting foreign workers in the US. The fee was meant to curb perceived abuses of the H-1B program, which is widely used by technology companies. However, businesses and legal experts warned that the policy could significantly disrupt industries dependent on skilled foreign workers.
Under the new USCIS guidance, foreign workers applying for amendments, extensions, or changes of status within the US are exempt from the charge. Current H-1B holders are also allowed to continue traveling in and out of the country without restriction.
An online payment system for the $100,000 fee has been launched for employers required to pay it. The fee will apply only to new petitions filed for workers outside the US or for those who must leave the country before their petition is processed.
The USCIS statement clarified: petitions “that are requesting an amendment, change of status, or extension of stay for an alien inside the United States where the alien is granted such amendment, change, or extension” are exempt.
No broad exemptions were announced for specific sectors or roles, but employers may request an exception if the job qualifies as being in the national interest and no American worker is available for the position.
A coalition of healthcare providers, labor unions, educational institutions, and religious organizations that recently filed a lawsuit against the administration said the latest guidance shows recognition of the harm the fee would have caused to workers already in the US.
Also Read| US Chamber of Commerce sues Trump administration over $100,000 H-1B visa fee
“Our communities cannot plan around uncertainty, nor can we allow life-saving care, student learning, and scientific research to be held hostage to shifting, arbitrary rules,” the plaintiffs said. “Our lawsuit will continue until the proclamation is blocked and the rule of law restored.”
The guidance marks the administration’s first detailed response since announcing the fee and is seen as an attempt to address confusion about its scope and implementation.
The clarification comes after President Donald Trump’s September 19 proclamation that introduced the fee — a move described as one of his administration’s most disruptive steps affecting foreign workers in the US. The fee was meant to curb perceived abuses of the H-1B program, which is widely used by technology companies. However, businesses and legal experts warned that the policy could significantly disrupt industries dependent on skilled foreign workers.
Under the new USCIS guidance, foreign workers applying for amendments, extensions, or changes of status within the US are exempt from the charge. Current H-1B holders are also allowed to continue traveling in and out of the country without restriction.
An online payment system for the $100,000 fee has been launched for employers required to pay it. The fee will apply only to new petitions filed for workers outside the US or for those who must leave the country before their petition is processed.
The USCIS statement clarified: petitions “that are requesting an amendment, change of status, or extension of stay for an alien inside the United States where the alien is granted such amendment, change, or extension” are exempt.
No broad exemptions were announced for specific sectors or roles, but employers may request an exception if the job qualifies as being in the national interest and no American worker is available for the position.
A coalition of healthcare providers, labor unions, educational institutions, and religious organizations that recently filed a lawsuit against the administration said the latest guidance shows recognition of the harm the fee would have caused to workers already in the US.
Also Read| US Chamber of Commerce sues Trump administration over $100,000 H-1B visa fee
“Our communities cannot plan around uncertainty, nor can we allow life-saving care, student learning, and scientific research to be held hostage to shifting, arbitrary rules,” the plaintiffs said. “Our lawsuit will continue until the proclamation is blocked and the rule of law restored.”
The guidance marks the administration’s first detailed response since announcing the fee and is seen as an attempt to address confusion about its scope and implementation.
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