New Visa Fee Guidelines Announced by USCIS

The United States Citizenship and Immigration Services (USCIS) has released new guidelines regarding the controversial $100,000 fee for certain visa applicants, following President Trump's announcement last month. The USCIS has set up a payment portal and clarified that only applicants who have submitted the fee can proceed with their applications. Notably, some visa holders, including international students on F-1 visas and professionals on L-1 visas, are exempt from this fee when applying for a change of status to H-1B.

Dan Berger from Green & Spiegel explained, "The fee only applies to cases filed for people outside the United States, so they can come in." This means that existing visa holders will not face the $100,000 charge when changing their status, easing concerns among employers about potential costs if their employees travel.

The USCIS guidance specifies that the fee does not apply to petitions filed after 12:01 a.m. Eastern Daylight Time on September 21, 2025, for individuals already in the U.S. However, if an application is denied or if an individual is found ineligible for a change of status, the employer must pay the fee. For instance, the fee applies if the individual is not in a valid nonimmigrant status or leaves the U.S. before their change of status request is processed.

Current H-1B visa holders can travel in and out of the U.S. without being affected by the new fee. The USCIS has stated, "The Proclamation does not apply to any previously issued and currently valid H-1B visas, or any petitions submitted prior to the specified date."

Employers are hopeful for exceptions to the fee for H-1B visa applications for individuals outside the U.S. The presidential proclamation allows for exceptions if the Secretary of Homeland Security determines that hiring specific alien workers is in the national interest and does not threaten U.S. security or welfare. However, the USCIS guidance appears to impose stricter conditions, using terms like "extraordinarily rare" and "high threshold" for granting exceptions.

In summary, while the new guidelines provide some relief for existing visa holders, the $100,000 fee remains a significant concern for new applicants and employers navigating the visa process.