H-1B fee of USD 100,000 won't apply to status change or extension cases: USCIS
New York (PTI): The USD 100,000 fee imposed by the Trump administration on new H-1B visa petitions will not apply to applicants seeking a "change of status" or "extension of stay", according to fresh guidelines.
Issued by the US Citizenship and Immigration Services (USCIS) on Monday, the guidelines clarified the exemptions to President Donald Trump's September 19 proclamation, 'Restriction on entry of certain nonimmigrant workers', which will raise the fee for new H1-B visas to a steep USD 100,000 (approx INR 88 lakhs).
"The Proclamation does not apply to any previously issued and currently valid H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on September 21, 2025," the USCIS said.
It added that the proclamation also does not prevent any current H1-B holder from travelling in and out of the US.
The USCIS clarified that the fee does not apply to "change of status" cases where individuals switch categories without leaving the country, such as moving from F-1 student status to H-1B status.
"It says the fee only applies to cases filed for people outside the United States, so they can come in,” Dan Berger of Green & Spiegel told Forbes in an interview. “Employers were nervous about doing change of status because the $100k might apply if they travel,” he added.
The proclamation does not apply to a petition filed at or after "12:01 a.m. eastern daylight time on September 21, 2025, that is requesting an amendment, change of status, or extension of stay for an alien inside the US where the alien is granted such amendment, change, or extension.
"Further, an alien beneficiary of such petition will not be considered to be subject to the payment if he or she subsequently departs the United States and applies for a visa based on the approved petition and/or seeks to reenter the United States on a current H-1B visa."
However, if the USCIS determines that the person is "ineligible for a change of status or an amendment or extension of stay", then the fee would apply.
A beneficiary will not be considered to be subject to the payment if they subsequently depart the US and apply for a visa based on the approved petition and/or seek to re-enter the US on a current H-1B visa, it said.
The proclamation signed by the US President raised the fee for H1-B visas to a staggering USD 100,000 annually, in a move that could adversely impact Indian professionals on visas in the US.
Indians make up an estimated 71 per cent of all approved H-1B applications in recent years, according to the USCIS. Companies pay to sponsor H-1B applicants.
The guidelines were issued days after the US Chamber of Commerce filed a lawsuit against the Trump administration's decision to impose the fee, describing it as "misguided policy and plainly unlawful" action that could cripple American innovation and competitiveness.
The lawsuit, filed on October 16 in a district court in Columbia, challenged the proclamation and said it exceeded the president's lawful authority.
Tens of thousands of highly skilled people in specialised fields boost the American economy each year after obtaining H-1B status, it said.
Under a Congressional-mandated cap, the US can issue a maximum of 65,000 H-1B visas every year and another 20,000 to those who have obtained master's and higher degrees from the US.
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On Ambedkar's Mahaparinirvan Din, thousands gather at Chaityabhoomi; Guv, CM hail social icon
Mumbai (PTI): Thousands of followers of Dr Babasaheb Ambedkar converged at his memorial in Mumbai's Dadar area on Saturday to pay tributes to the social reformer on his death anniversary, observed as 'Mahaparinirvan Din'.
Maharashtra Governor Acharya Devvrat, Chief Minister Devendra Fadnavis, Deputy Chief Minister Eknath Shinde and Shiv Sena (UBT) leader Uddhav Thackeray were among those who paid tributes to Ambedkar at 'Chaityabhoomi' in Shivaji Park.
The Governor said Ambedkar gave the country a Constitution which ensured equal rights to all people.
Speaking at a tribute event organised at 'Chaityabhoomi' on the occasion of the 69th Mahaparinirvan Din of Dr Ambedkar, Devvrat said great personalities strengthen movements of social justice and live forever through their thoughts and work.
"Despite adversities, Babasaheb believed education to be the most powerful weapon to change the future of a family, society and a country. The Constitution united people from different communities and ensured equal rights to all," he said.
Chief Minister Devendra Fadnavis said Ambedkar laid the foundation for the nation's progress and due to his far-sighted vision, India has emerged as the world's fourth largest economy and is poised to reach the third rank soon.
Fadnavis underlined Ambedkar's role in India's energy security, stating that the adoption of a national power grid concept enabled the country's path toward energy self-reliance.
"The Constitution ensured a strong democratic base and safeguarded the rights of common citizens," he said, adding the state government is committed to completing developmental works at the 'Chaityabhoomi' memorial.
Deputy Chief Minister Eknath Shinde said Ambedkar's struggle was for establishing equality, liberty, justice and fraternity.
"The guiding principle of "Educate, Organise and Agitate" continues to inspire social transformation," he said.
The Governor, Chief Minister and Deputy Chief Minister, along with several ministers, MPs, MLAs and dignitaries, paid floral tributes at the memorial. Dignitaries also visited a photo exhibition organised by the BMC.
A helicopter showered flower petals over 'Chaityabhoomi' and copies of the Constitution were presented to the attendees.
Every year, thousands of people from across the state converge at 'Chaityabhoomi' on December 6. Ambedkar died on this day in 1956.
The Brihanmumbai Municipal Corporation (BMC) has set up temporary sheds, mobile toilets, drinking water and medical stalls at the Shivaji Park, in view of the huge rush of Ambedkar's followers.
In a post on X, Prime Minister Narendra Modi recalled Ambedkar’s ‘visionary’ leadership.
“Remembering Dr. Babasaheb Ambedkar on Mahaparinirvan Diwas. His visionary leadership and unwavering commitment to justice, equality and constitutionalism continue to guide our national journey. He inspired generations to uphold human dignity and strengthen democratic values.
“May his ideals keep lighting our path as we work towards building a Viksit Bharat,” Modi said in his message.
