Washington: The U.S. Citizenship and Immigration Services (USCIS) has released detailed guidance on the controversial $100,000 fee for certain H-1B visa applicants, aiming to clear confusion about who must pay and who is exempt. The new rules take effect immediately and apply mainly to applicants filing from outside the United States.

Existing visa holders, such as international students on F-1 visas and professionals on L-1 visas, are exempt when applying for a change of status to H-1B. USCIS stressed that renewals, extensions, or amendments for those already in the U.S. on H-1B status are not subject to the fee. Exceptions to the fee are extremely rare and require approval from the Secretary of Homeland Security if the worker is deemed in the national interest.

Applicants required to pay the $100,000 must do so via a dedicated online portal on pay.gov. Only those with a payment receipt will have their petitions processed. USCIS noted that employers may still be responsible for the fee in cases where an applicant is ineligible for a change of status or departs the U.S. before adjudication.

The new guidance comes after President Donald Trump announced the fee last month, intending to limit H-1B visas to prioritize American workers. Critics, however, warn that the policy could hinder U.S. companies from hiring highly skilled foreign talent essential for technology and innovation.

By clarifying who must pay and the exceptions allowed, the administration hopes to reduce confusion among applicants and employers navigating the H-1B process, while maintaining its stated goal of protecting U.S. workers.