USCIS Presidential Proclamation Impact on H-1B Applications

Changes to H-1B Visa Fees: What You Need to Know

On October 20, the USCIS released a Presidential Proclamation that outlines specific conditions under which the previous $100,000 H-1B fee applies. Understanding these changes is crucial for anyone considering applying for an H-1B visa in the United States.

Eligibility Criteria for the $100,000 Fee

The proclamation clarifies that the hefty fee applies only to certain categories of H-1B applications:

1. New Applicants Outside the U.S. — Individuals applying from outside the U.S. without a valid H-1B visa.
2. Change of Status Requests — Applications filed while within the U.S. but lacking valid non-immigrant status (e.g., after OPT has expired).
3. Leaving the U.S. After Filing — Applicants who leave the U.S. after submission will lose their “Change of Status” request and must apply via consular processing.
4. Cases Needing Additional Notifications — Any case determined by USCIS to require Consular Notification, Port of Entry Notification, or Pre-Flight Inspection.

Exemptions from the Proclamation

Not all applications will be affected by this proclamation. The following categories are exempt:

1. Legal Status Within the U.S. — Applicants in the U.S. maintaining their legal status and filing for Change of Status, Extension, or Amendment.
2. Approved Status Changes — Applicants whose change of status or extension has been approved without departing the U.S. during processing.
3. Current H-1B Holders — Those renewing, returning to the U.S., or re-entering with a valid H-1B visa.
4. Applications Submitted Before September 21, 2025 — Any H-1B applications submitted before this date are exempt.
5. Department of Homeland Security Waivers — Certain individual cases may qualify for waivers from fees.

In Summary

To summarize, if you’re legally residing in the U.S. at the time of application and are applying for H-1B via “Change of Status” or “Extension” without leaving before approval, you will not be required to pay the $100,000 fee. This recent development is significant for the H-1B community, potentially influencing many applicants in their pursuit of work opportunities in the U.S. 😊

Looking Ahead

As the situation evolves, many hope that a weighted H-1B application process will also not be implemented. Stay tuned for more updates, and best of luck with your application process! 💼