DHS exempts current H-1B holders from $100,000 fee
The Department of Homeland Security exempted certain categories from a $100,000 H-1B visa application charge announced in September. Workers switching from F-1 student status to H-1B classification will not pay the fee under revised guidelines issued Monday. Current visa holders requesting amendments, extensions, or status changes within America also avoid the cost.
The policy affects only new petitioners located outside the United States without a valid H-1B authorization. The U.S. Chamber of Commerce filed suit against the Trump administration on Thursday, arguing the requirement would force companies to raise labor expenses or reduce skilled hiring. A coalition of unions and education groups challenged the rules on Oct. 3 through separate litigation.
Indian nationals received more than 70 percent of approved H-1B petitions in 2024 because of processing delays and substantial skilled worker demand from India. The White House clarified on Sept. 20 that the one-time payment applies exclusively to new applications rather than renewals or existing permit holders.
