The Donald Trump-led United States administration on Monday clarified that the $100,000 H-1B worker visa fee would not apply to individuals already in the country on valid visas, including those changing status or current H-1B holders seeking extensions or renewals.

The US Citizenship and Immigration Services clarified that the fee does not apply to “alien workers” requesting an amendment, change of status, or extension of stay. This includes international students on F-1 visas and L-1 holders transferring from a foreign office to a US office and moving to H-1B status.

On September 19, Trump signed an order requiring companies to pay $100,000 for each H-1B worker visa. These non-immigrant visas allow US companies to temporarily employ foreign workers in specialty occupations.

The administration also clarified that current H-1B holders can travel freely in and out of the US. However, if a person is found “ineligible for a change of status, amendment, or extension of stay”, the fee would apply.

The fee will also apply to new H-1B petitions filed by individuals outside the US or to those who must leave the country before their petition is adjudicated.

In September, two days after the rules took effect, White House Press Secretary Karoline Leavitt clarified that the fee applies only to new applicants and does not affect current holders.

Leavitt also said the fee is one-time and not annual.

She added that H-1B holders can “leave and re-enter the country to the same extent as they normally would; their ability to do so is not affected by yesterday’s proclamation.”

Around 85,000 new H-1B visas are issued annually.

Over the past few years, Indians have constituted the majority of H-1B visa holders. Indians comprised 72.3% of all H-1B visas issued by the US in the financial year 2022-’23.

Washington has repeatedly said that it was planning changes to the H-1B visa programme, saying that it was “terrible”.

During his first term, Trump had tightened rules on H-1B visas, citing “abuse” and “economic strain”.

Also read: Better shot at visa lottery, more talent for Global South: How will new H-1B fees affect tech world?

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