The US government has confirmed that the $100,000 fee for the H-1B visa will only apply to applicants living outside the country, not to those already in the US.

According to the new guidelines issued by the U.S. Citizenship and Immigration Services, the $100,000 fee for the H-1B visa, announced by the Trump administration, will apply exclusively to applicants living outside the United States. This means that employers will no longer be required to pay the fee for individuals already in the U.S., such as international students. In 2024, approximately 54% of the 141,000 H-1B visas issued were granted to immigrants who were already in the U.S., suggesting that the new fee will not affect the majority of applicants.

The context for this fee was generated by Trump's intention to attract "the best of the best" foreign talent, but it sparked criticism and lawsuits from the Chamber of Commerce and other organizations, which contest the legality of this measure. The policy has been perceived as an attempt to restrict access to H-1B visas, especially for companies in the technology and medical fields that frequently hire foreigners.