From September 21, 2025, there has been a big change for many foreign workers applying for H-1B visas for America. Now new H-1B petitions filed from outside the US will have to pay a one-time additional fee of $100,000. This fee is not only heavy but will not be refunded even if the application is rejected. But it is a matter of relief that exemption from this can be given in certain circumstances. Let us know who can get this exemption and how to apply for it.
Why has this $100,000 fee been imposed?
The US government believes that some companies are misusing H-1B visas. Especially those who apply for this visa for people who are not in America but are sitting abroad, so that they can be hired at lower wages. The purpose of this additional fee is to prevent such abuses and protect the interests of American workers.
Who will have to pay this fee?
This fee applies to H-1B petitions that are filed from outside the US and where the individual is not in the US at the time. This means that if an Indian professional applies for H-1B while staying in India, his employer will have to pay this $100,000 fee.
Who can be exempted from this fee?
If the applicant is already in the US on a valid visa, such as an F-1 (student visa) or is already working on an H-1B visa and is simply changing employers or seeking a visa extension, then he or she will not have to pay this fee.
How to ask for exemption for foreign employee?
If an employer is filing an H-1B petition for a person sitting outside the US, he can apply for an exemption, but for this he will have to prove that the presence of that person is in the national interest of the US, and there is no qualified US citizen available for that position.
What documents are required for exemption?
Employers must submit certain documentation with their petition, such as a formal letter explaining how important the individual’s role is to the United States. Along with this, proof will have to be given that no American is available for the same post. Additional documents such as recruitment records, proof related to public health or scientific research and proof of the employee’s qualifications and experience will also have to be provided.
Where and how to apply for exemption?
The waiver can be requested when filing the petition through the USCIS online portal. If the case is special and urgent, the employer seeking a special exception may email their application and all documentation to [email protected]. Note, these exceptions are granted only in very rare cases. For example, if the employee’s role makes a significant contribution to national security, health services or education.
How easy is it to get a discount?
Getting discount is not easy. USCIS examines each application on a case-by-case basis. If they feel that this application is really in the interest of America and there is no other option, then only the exemption will be given.