US H-1B Visa $100K Fee: Who Is Affected and Who Is Not?

The US government under former President Donald Trump has implemented a new $100,000 fee on select H-1B visa petitions, adding a significant financial burden for applicants—particularly from India, which receives the majority of H-1B visas.

Who Will Be Affected?

• New H-1B applicants from abroad: Individuals applying for a fresh H-1B visa outside the US will now need to pay the $100,000 fee.
• Travel abroad with expired H-1B: Workers whose H-1B stamp has expired and require a new petition will also be impacted.
• OPT to H-1B stamping abroad: Students switching from OPT to H-1B who undergo stamping outside the US must pay the fee.
• Green card consular processing abroad: Applicants pursuing a green card through consular processing outside the US are subject to the new charge.

Who Will Not Be Affected?

• Existing H-1B workers in the US: Current employees remain exempt from the fee.
• H-1B transfers within the US: Changing employers domestically is unaffected.
• H-1B extensions inside the US: Renewal petitions filed inside the country continue to be exempt.
• Travel abroad with a valid H-1B stamp: Workers traveling with a valid visa stamp do not need to pay the fee.
• OPT to H-1B change of status inside the US: Students converting without leaving the country are unaffected.
• Green card I-485 adjustment of status: Applicants adjusting status domestically remain exempt.

Impact on Indian IT Professionals and Companies

This policy is expected to affect thousands of Indian IT professionals and international students who rely on fresh H-1B approvals or visa stamping abroad. Large IT companies and consulting firms may reconsider their overseas hiring strategies due to this significant financial burden.