New directives from the U.S. Department of Homeland Security provide much-needed clarity on the controversial $100,000 H-1B visa fee. This move comes shortly after legal action was taken by the U.S. Chamber of Commerce, which challenged the previous administration’s policies as unlawful.
For those already holding H-1B visas, the new guidelines offer reassurance. Workers switching to H-1B status from alternative visa categories, like student F-1 visas, are explicitly excluded from the $100,000 application charge. Similarly, current H-1B employees seeking an amendment, change of status, or an extension of their current stay within the U.S. will not be subjected to this fee.
Crucially, current H-1B visa holders will not face restrictions on their ability to enter or exit the United States. The clarification emphasizes that the fee applies solely to new visa petitions from individuals outside the U.S. who lack an existing H-1B visa. A dedicated online payment system is now operational for these new applications.