The $100,000 fee introduced for H-1B visa applications triggered widespread concern among tech firms and visa holders, but updated instructions have cleared some of the confusion. Key points include:
The fee applies only to new petitions filed after Sept. 21, targeting foreign workers who don’t already hold H-1B status in the U.S.
Visa extensions, changes of employer or status for those already in the U.S., and valid existing H-1B holders are not subject to the fee.
Some exemptions may be granted in rare cases, especially if the worker’s contribution is deemed essential to U.S. national interest.
When Clarity Becomes Control
The rule change highlights the tension between reforming immigration and preserving talent access. With this update, at least some of the uncertainty around recruiting global workers is fleeting—but the cost and consequences may just be starting to hit home.