The Trump administration’s $100,000 H-1B visa fee that took effect on September 21, 2025, has created confusion among tech workers and students. After multiple clarifications from U.S. authorities, here’s exactly who’s affected and who’s protected.
Table of Contents
H-1B Fee Clarification: Quick Facts
| Category | Fee Applies? | Details |
|---|---|---|
| Offshore Applicants | YES | New petitions for workers outside U.S. |
| F-1 Students in U.S. | NO | Change of status exempted |
| Existing H-1B Holders | NO | Protected if filed before Sept 21 |
| H-1B Renewals | NO | One-time fee only for new petitions |
| Change of Employer | UNCLEAR | If outside U.S., may apply |
| Effective Date | Sept 21, 2025 | 12:01 AM EDT |
| Fee Duration | 12 months | Expires Sept 2026 unless extended |
Who Gets Hit: The Offshore Impact
USCIS clarified the $100,000 fee applies only to new H-1B petitions filed after September 21, 2025, for foreign nationals currently outside the U.S. who lack a valid H-1B visa. This primarily targets:
- IT outsourcing firms bringing workers from India
- New offshore hires without existing H-1B status
- Workers requiring consular visa processing abroad
The rule’s design clearly targets large outsourcing firms, especially from India, that routinely bring employees from overseas.
Who’s Safe: Inside U.S. = Protected
F-1 Students & Change of Status
Great news for international students! Foreign nationals who enter the U.S. using a different visa (like F-1 student visa) and then change status to H-1B inside the United States are NOT subject to the fee.
Existing H-1B Holders
The fee does not apply to petitions filed prior to September 21, 2025, current H-1B holders, or those with validly issued H-1B visas. Your travel rights remain unchanged.
H-1B Renewals & Extensions
The fee is a one-time payment on submission of a new H-1B petition and does not change any payments required for H-1B renewals.
The Indian Tech Talent Impact
India sends the most H-1B workers to the U.S., with companies like Amazon (10,000+ H-1B workers), Microsoft, Meta, Apple, and Google among the biggest sponsors. The fee will significantly impact Indian IT services companies and fresh graduates seeking U.S. opportunities.
Where You Apply From Matters
- Inside U.S. (F-1 to H-1B): No $100K fee
- Outside U.S. (Direct hiring): $100K fee applies
- Travel concerns: An H-1B worker’s weekend trip abroad could potentially trigger the fee requirement if new documentation is needed
What’s Next: Policy Changes Ahead
The Department of Labor will revise prevailing wage levels, and DHS will prioritize high-skilled, high-paid workers in the H-1B lottery. This signals a shift toward favoring premium talent over volume hiring.
For detailed guidance, check USCIS‘s official FAQ and stay updated with Technosports for immigration policy changes.
Alternative Visa Options
With H-1B costs skyrocketing, workers are exploring:
- O-1 visa: For individuals with extraordinary ability
- L-1 visa: Intracompany transfers
- EB-2 NIW: Direct green card path
- Remote work: From home countries
FAQs
Do F-1 students in the U.S. need to pay the $100K H-1B fee?
No, students changing status from F-1 to H-1B inside the U.S. are completely exempt from the fee.
Can existing H-1B holders travel outside the U.S. without paying the fee?
Yes, if your petition was filed before September 21, 2025, but consult an immigration attorney before international travel to be safe.
