USCIS clarified that the $100,000 fee on H-1B visas will not apply to change of status or extension of stay cases.
The guidelines specify exemptions to the September 19 proclamation by former President Donald Trump.
The proclamation does not affect previously issued H-1B visas or petitions submitted before September 21, 2025.
Current H-1B holders can travel in and out of the US without being subject to the fee.
Detailed Insights:
The Trump administration's proclamation aimed to impose restrictions and fees on certain visa categories, including the H-1B visa.
Change of status cases, where individuals switch visa categories within the US, are exempt from the $100,000 fee.
The USCIS clarification provides relief to individuals and companies concerned about the financial impact of the proposed fee on existing H-1B visa holders.
These guidelines ensure that individuals already in the US on an H-1B visa can continue their employment and travel without additional financial burden.
Key Concepts Involved:
H-1B Visa: A non-immigrant visa that allows US employers to temporarily employ foreign workers in specialty occupations.
USCIS: The US Citizenship and Immigration Services, a government agency that oversees lawful immigration to the United States.
Change of Status: The process of changing from one non-immigrant visa status to another while remaining in the United States.