The US Citizenship and Immigration Services (USCIS) has clarified that the newly imposed USD 100,000 fee on H-1B visa petitions will apply only to fresh applications filed after September 21 and not to existing visa holders or previously submitted petitions.
“This proclamation only applies prospectively to petitions that have not yet been filed,” USCIS Director Joseph B. Edlow explained in a memorandum issued Saturday. “It does not apply to beneficiaries of petitions filed before the proclamation’s effective date, those with currently approved petitions, or individuals holding valid H-1B visas.”
White House Press Secretary Karoline Leavitt also confirmed the clarification, stressing that the $100,000 charge is a one-time filing fee, not an annual payment. “This applies only to new visas, not renewals, and not current visa holders,” she said in a post on X.
Leavitt further added that H-1B holders currently abroad would not be required to pay the fee upon re-entry. “Whatever ability they already have to leave and return remains unaffected,” she noted, adding that the fee hike would apply beginning with the upcoming lottery cycle.
The decision has caused unease in India, whose nationals account for nearly 72 percent of all H-1B visas. Concerns have been raised over the potential impact on Indian tech professionals and their families.
India’s Ministry of External Affairs said it is closely examining the implications of the policy and emphasized that both Indian and US industries have a mutual stake in talent mobility and innovation. “Skilled exchanges have contributed enormously to technology, innovation, and economic competitiveness. Policymakers will weigh these mutual benefits in assessing next steps,” the ministry said in a statement.
Meanwhile, the Indian government has directed its Missions and Posts in the US to extend all possible assistance to Indian nationals affected by the change.
