H-1B price of $100,000 wont apply to standing change or extension circumstances: USCIS

Issued by the United States Citizenship and Immigration Services (USCIS) on Monday (October 20, 2025), the recent pointers clarified the exemptions to President Donald Trump’s September 19 proclamation. | Photo Credit: AP

The $100,000 price imposed by the Trump administration on new H-1B visa petitions is not going to apply to candidates in search of a “change of status” or “extension of stay”, in accordance with recent pointers.

Issued by the United States Citizenship and Immigration Services (USCIS) on Monday (October 20, 2025), the rules clarified the exemptions to President Donald Trump’s September 19 proclamation, ‘Restriction on entry of sure nonimmigrant employees’, which can increase the price for brand spanking new H1-B visas to a steep $100,000 (approx ₹88 lakhs).

“The Proclamation does not apply to any previously issued and currently valid H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on September 21, 2025,” the USCIS mentioned.

It added that the proclamation additionally doesn’t forestall any present H1-B holder from travelling out and in of the U.S.

The proclamation additionally doesn’t apply to a petition filed at or after “12:01 a.m. eastern daylight time on September 21, 2025, that is requesting an amendment, change of status, or extension of stay for an alien inside the United States where the alien is granted such amendment, change, or extension.” However, if the USCIS determines that particular person is “ineligible for a change of status or an amendment or extension of stay”, then the price would apply.

A beneficiary is not going to be thought-about to be topic to the fee in the event that they subsequently depart the US and apply for a visa based mostly on the authorized petition and/or search to reenter the US on a present H-1B visa, it mentioned.

The proclamation signed by the U.S. President raised the price for H1-B visas to a staggering $100,000 yearly, in a transfer that would adversely affect Indian professionals on visas within the U.S.

Indians make up an estimated 71% of all authorized H-1B purposes in recent times, in accordance with the USCIS. Companies pay to sponsor H-1B candidates.

The pointers had been issued days after the U.S. Chamber of Commerce filed a lawsuit towards the Trump administration’s choice to impose the price, describing it as “misguided policy and plainly unlawful” motion that would cripple American innovation and competitiveness.

The lawsuit, filed October 16 in a district court docket in Columbia, challenged the proclamation and mentioned it exceeds the president’s lawful authority.

Tens of hundreds of extremely expert folks in specialised fields increase the American economic system annually after acquiring H-1B standing, it mentioned.

Published – October 21, 2025 02:55 pm IST

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