US H-1B Visa: In a major development for the H-1B visas, the US Department of Homeland Security has issued new guidance on the USD 100,000 application fee. This comes just two days after the US Chamber of Commerce sued the US President Donald Trump-led administration over the new rules, terming it “unlawful.”

What will current H-1B holders pay?

Here are the new guidelines for the H-1B visa holders:

1- IANS reported that according to the new guidelines, workers who switch to H-1B visa status from other visa categories such as F-1 student status would not be subjected to the USD 100,000 fee.

2- H-1B workers applying for an amendment, change of status, or extension of stay within the US would also not be subjected to the payment.

3- In a massive relief for the current H-1B visa holders, the guidelines state that they would not be prevented from entering or leaving the US.

Notably, it has been clarified that the proclamation only applies to new visa petitions who are outside the US and do not have a valid H-1B visa. It also provided an online payment link for new applications.

The H-1B Visa Lawsuit

In a lawsuit filed in the district court in Washington on Thursday, the plaintiff argued that the visa fee, if implemented, will “inflict significant harm on American businesses” and force them to “either dramatically increase their labor costs or hire fewer highly skilled employees for whom domestic replacements are not readily available.”

It added that Trump’s September 19 proclamation was “plainly unlawful” and a “boon to America’s economic rivals.”

It was the second major domestic legal challenge to new H-1B visa rules, after a group of unions, education professionals and religious bodies sued the Trump administration on October 3.

Trump On H-1B Visa

While signing the proclamation in September, Trump had said the “incentive is to hire American workers.” This led to widespread confusion as it seemed to suggest that it would impact the current H-1B visa holders.

The White House had issued a clarification to the news agency IANS on September 20, saying that this is a “one-time fee” that applies only to new visas and not renewals or current visa holders.

Indians Working In US

India-born workers received over 70 percent of the total approved H1-B visas in 2024.

(with IANS inputs)