New H-1B visa fee applies only to fresh applications, clarifies USCIS

• The US Citizenship and Immigration Services (USCIS) clarified that all new H-1B visa petitions submitted after September 21 will require payment of the $100,000 fee.

• This applies to the 2026 lottery as well as any other H-1B petitions filed after that time.

• The fee would apply only to new, prospective petitions that had not yet been filed.

• Fee does not apply to any petitions filed before the 12:01 am deadline on September 21, previously issued H-1B visas, renewal petitions, and H-1B holders re-entering the US.

• The USCIS is responsible for processing immigration and naturalisation applications and establishing policies regarding immigration services.

• The USCIS released a ‘H-1B FAQ’ document and said that the September 19 proclamation took an important, initial, and incremental step to reform the H-1B visa programme to curb abuses and protect American workers.

What is H-1B visa?

• The H-1B program allows companies and other employers in the US to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialised knowledge and a bachelor’s degree or higher in a directly related specific specialty (or its equivalent) as a minimum for entry into the occupation in the US. 

• H-1B specialty occupations may include fields such as architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts.

• H-1B status is valid up to three years and extendable up to another three years.

• The H-1B classification has an annual numerical limit (cap) of 65,000 new statuses/visas each financial year, with certain deductions. 

• An additional 20,000 petitions filed on behalf of beneficiaries who have earned a master’s degree or higher from a US institution of higher education are exempt from the cap.