New York: The USD 100,000 fee imposed by the Trump administration on new H-1B visa petitions will not apply to applicants seeking a change of status or extension of stay, according to new guidelines issued by the US Citizenship and Immigration Services (USCIS) on Monday.

The USCIS clarified exemptions to President Donald Trump's September 19 proclamation, “Restriction on entry of certain nonimmigrant workers,” which raises the fee for new H-1B visas to USD 100,000 (about ₹88 lakh).

“The proclamation does not apply to any previously issued and currently valid H-1B visas, or any petitions submitted prior to 12:01 a.m. Eastern Daylight Time on September 21, 2025,” the USCIS said.

It added that the order also does not restrict current H-1B holders from travelling in and out of the US. The guidelines specify that the steep fee applies only to cases filed for individuals outside the United States.

“The fee does not apply to 'change of status' cases, where individuals switch visa categories within the country, such as moving from F-1 student to H-1B status,” immigration attorney Dan Berger of Green & Spiegel told Forbes. “Employers were nervous about doing change-of-status filings because they feared the $100k might apply if employees travelled,” he added.

The USCIS further clarified that the proclamation excludes any petition filed for amendment, change of status, or extension of stay within the US. However, if the agency determines a person is ineligible for such changes, the fee will apply.

The proclamation, which drastically increases the visa fee, has raised concerns among employers and Indian professionals—who account for nearly 71 per cent of all approved H-1B applications.

The clarification comes days after the US Chamber of Commerce filed a lawsuit calling the policy “misguided and plainly unlawful”, arguing that it would harm American innovation and competitiveness.

Under Congressional limits, the US issues up to 65,000 H-1B visas annually, with an additional 20,000 for holders of advanced US degrees.