H-1B at $100,000: Who Is Affected and Who Is Not?

The US government under President Donald Trump has introduced a $100,000 fee on certain H-1B visa petitions, creating a new cost burden for applicants, especially from India, which accounts for the majority of H-1B recipients.

Who is Affected?

Fresh H-1B applicants from abroad – Anyone applying for a new H-1B outside the US must pay the $100K fee.

Travel abroad with expired H-1B (new petition required) – If a worker’s H-1B stamp has expired and they need a new petition, the fee applies.

OPT to H-1B with stamping abroad – Students switching from OPT to H-1B who go for stamping abroad will be charged.

Green card consular processing abroad – Those pursuing a green card outside the US must also pay the fee.

Who is Not Affected?

Existing H-1B workers inside the US – No additional fee for those already working.

H-1B transfers inside the US – Moving jobs within the US is unaffected.

H-1B extensions inside the US – Renewals inside the country stay exempt.

Travel abroad with valid H-1B stamp – No new fee required.

OPT to H-1B change of status inside the US – Students converting without leaving the country are not affected.

Green card I-485 inside the US – Adjustment of status within the country remains exempt.

This policy is expected to significantly impact Indian IT professionals and students who depend on fresh H-1B approvals or stamping abroad. Large IT firms and consulting companies may now reconsider their overseas hiring strategies due to the added financial burden.