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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Regulator DGCA eases flight duty norms for pilots amid IndiGo crisis
Mumbai (PTI): Aviation watchdog DGCA on Friday eased the flight duty norms by allowing substitution of leaves with a weekly rest period amid massive operational disruptions at IndiGo, according to sources.
As per the revised Flight Duty Time Limitations (FDTL) norms, "no leave shall be substituted for weekly rest", which means that weekly rest period and leaves are to be treated separately. The clause was part of efforts to address fatigue issues among the pilots.
Citing IndiGo flight disruptions, sources told PTI that the Directorate General of Civil Aviation (DGCA) has decided to withdraw the provision 'no leave shall be substituted for weekly rest' from the FDTL norms.
ALSO READ: 49 Indigo flights likely to be cancelled from Hyderabad
"In view of the ongoing operational disruptions and representations received from various airlines regarding the need to ensure continuity and stability of operations, it has been considered necessary to review the said provision," DGCA said in a communication dated December 5.
The gaps in planning ahead of the implementation of the revised FDTL, the second phase of which came into force from November 1, have resulted in crew shortage at IndiGo and is one of the key reasons for the current disruptions.
#BREAKING: #DGCA relaxes a clause which debarred airlines to club leaves with weekly rest to mitigate #IndiGo crisis
— Economic Times (@EconomicTimes) December 5, 2025
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