New Relief Measures for H1B Visa Applicants in the US

The US Citizenship and Immigration Services has announced that a $100,000 fee will be waived for H1B visa applicants switching status within the US. This rule, effective September 2025, targets new petitions filed for overseas applicants. Certain educational and research roles remain exempt from the annual H-1B cap.

In a move anticipated to ease the process for H1B visa applicants, the US Citizenship and Immigration Services (USCIS) has clarified that the substantial USD 100,000 visa fee will not be applied to those seeking a "change of status" or "extension of stay" within the United States. This recent announcement provides significant relief to applicants who enter the US on a different visa, such as an F-1 or L-1, intending to transition to H1B status without incurring the fee.

The Proclamation, slated to come into effect from September 21, 2025, stipulates that this fee exemption applies to petitions that are filed on or after the effective date, targeting applicants who are overseas and lack a valid H1B visa at the time. It also encompasses petitions requesting consular, port of entry, or pre-flight inspection notifications. Importantly, this does not affect current H1B visa holders or petitions submitted prior to the proclamation's enforcement date.

Annually, the H1B classification is capped at 65,000 new visas, with special provisions allowing for an additional 20,000 petitions for applicants with advanced degrees from US institutions. Exemptions from the cap apply to positions within educational institutions, related nonprofit entities, and research organizations. Despite a legal challenge by the US Chamber of Commerce, the Trump administration upholds this policy, asserting that the H1B program has displaced American workers by favoring cheaper foreign labor. The administration noted a significant increase in IT positions occupied by H1B holders, from 32% in 2003 to over 65% recently, pointing to a link with rising unemployment among US citizens.

(With inputs from agencies.)