Additionally, it said that the order does not bar any present H1-B holders from entering or leaving the United States.
Updated instructions state that applicants seeking a “change of status” or “extension of stay” would not be subject to the USD 100,000 cost the Trump administration levied on new H-1B visa applications.
President Donald Trump’s September 19 proclamation, “Restriction on entry of certain nonimmigrant workers,” which will increase the cost of new H1-B visas to an exorbitant $100,000 (roughly INR 88 lakhs), has exemptions, according to guidelines released by the United States Citizenship and Immigration Services (USCIS) on Monday.
“The Proclamation does not apply to any applications filed before 12:01 a.m. eastern daylight time on September 21, 2025, or to any previously granted and presently valid H-1B visas,” the USCIS said.
Additionally, it said that the order does not bar any present H1-B holders from entering or leaving the United States.
The proclamation also does not apply to petitions asking for an amendment, change of status, or extension of stay for an alien within the United States that are submitted at or after “12:01 a.m. eastern daylight time on September 21, 2025, where the alien is granted such amendment, change, or extension.” However, if the USCIS determined that the person was “ineligible for a change of status or a modification or extension of stay,” there would be a fee.
According to the statement, a beneficiary who later leaves the country and applies for a visa using the granted petition and/or tries to rejoin the country on an active H-1B visa would not be deemed to be liable for the payment.
The US President’s decree, which might negatively affect Indian professionals seeking visas to the US, increased the cost of H1-B visas to an astounding $100,000 per year.
According to the USCIS, about 71% of all completed H-1B petitions in recent years have been from Indians. Employers support H-1B candidates at a cost.
The instructions came just days after the US Chamber of Commerce sued the Trump administration for imposing the tax, calling it a “misguided policy and obviously unconstitutional” move that may seriously harm American competitiveness and innovation.
Filed in a Columbia district court on October 16, the complaint contested the proclamation, arguing that it went beyond the president’s legitimate powers.
After receiving H-1B status, tens of thousands of highly qualified individuals in specialized professions contribute to the American economy annually, the report said.