The U.S. government clarified that the new $100,000 fee on H-1B visas will not apply to applications for change of status or extension of stay in the U.S.
The clarification follows President Donald Trump's proclamation on September 19, 2025, imposing the fee on H-1B visas.
The U.S. Chamber of Commerce has filed a lawsuit challenging the $100,000 fee.
Tata Consultancy Services had 5,505 H-1B visas approved in 2025 as of June, the second-highest number after Amazon (10,044).
Detailed Insights:
The September 19, 2025 proclamation imposing the $100,000 fee is a one-time fee and applies only to new H-1B visa applications.
The USCIS guidelines state that the proclamation does not apply to previously issued and valid H-1B visas or petitions submitted before September 21, 2025.
The proclamation does not prevent current H-1B visa holders from traveling to and from the U.S.
Approximately 70% of the 7.3 lakh H-1B visa holders in the U.S. as of January 2025 are Indian citizens.
The lawsuit filed by the U.S. Chamber of Commerce argues that the fee overrides existing provisions in current laws, including the Immigration and Nationality Act.
Key Concepts Involved:
H-1B Visa: A non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations.
USCIS: United States Citizenship and Immigration Services, the agency overseeing lawful immigration to the United States.
Immigration and Nationality Act: A U.S. federal law that governs immigration and citizenship in the United States.