US Clarifies $100,000 H-1B Visa Fee: Applies Only to New Applicants, Not Existing Holders

USCIS confirms the one-time fee will impact only fresh H-1B petitions filed after September 21. The move raises concerns in India, where over 70% of H-1B visas are issued.

Washington, DC [US], September 21: The US Citizenship and Immigration Services (USCIS) has clarified that the newly announced $100,000 fee on H-1B visa applications will only apply to fresh petitions filed after September 21, and not to existing visa holders or previously approved applications.

In an official memorandum, USCIS Director Joseph B. Edlow explained that the proclamation is prospective in nature. “This proclamation only applies prospectively to petitions that have not yet been filed. It does not affect beneficiaries of petitions filed before the effective date, those with approved petitions, or individuals holding valid H-1B visas,” Edlow confirmed.

Adding to the clarification, White House Press Secretary Karoline Leavitt reiterated that the $100,000 levy is a one-time filing fee, not an annual charge.
“To be clear: This is NOT an annual fee. It applies only to new petitions, not renewals or current visa holders,” she posted on X. She further assured that existing H-1B visa holders outside the US will not be required to pay the fee when re-entering.

The fee hike will take effect in the next H-1B lottery cycle, sparking anxiety across global tech industries. With 71–72% of H-1B visas awarded to Indian professionals, the decision could have a major impact on Indian talent, US-India business ties, and family stability for immigrants.

Responding to concerns, the Indian Ministry of External Affairs (MEA) stated that it is carefully studying the full implications of the move. “The government has seen reports related to the proposed restrictions on the US H-1B visa program. The full implications are being studied by all concerned, including Indian industry,” the MEA said, adding that the measure could carry humanitarian consequences due to family disruptions.

The ministry also emphasized that both Indian and American industries have a shared interest in innovation, creativity, and workforce stability, and consultations are expected to determine the best way forward.

For now, Indian nationals traveling back to the US have been advised to remain alert, as Indian missions worldwide are offering assistance during this transition phase.