- Existing visa holders, amendments and extensions exempt under new DHS clarification
- Indian IT majors, MEA hail ‘timely correction’ amid legal pushback and global concern
NE LAW & BUSINESS BUREAU
WASHINGTON, OCT 21
In a significant relief to thousands of Indian professionals in the United States, the US Department of Homeland Security (DHS) has clarified that the proposed $100,000 H-1B visa application fee will not apply to existing visa holders or those seeking extensions, status changes, or amendments within the country.
The updated guidance comes after intense judicial scrutiny and industry backlash following former President Donald Trump’s September 19 proclamation, which had triggered widespread confusion and panic among tech workers. The US Chamber of Commerce had filed a lawsuit in a Washington district court, calling the fee “unlawful” and warning it would “inflict significant harm on American businesses.”
According to the DHS notification, the payment applies only to new H-1B petitions filed from outside the United States by applicants without a current visa. All existing H-1B visa holders will be allowed to travel freely without restrictions.
The clarification followed two major lawsuits and diplomatic outreach from countries including India, which has long been the single largest beneficiary of H-1B visas — accounting for over 70% of all approvals in 2024.
“This move restores predictability for thousands of our employees and clients,” said a spokesperson for Infosys, welcoming the announcement as a “timely correction to a potentially disruptive policy.”
A Wipro spokesperson said the clarification brings “welcome certainty to global operations and talent mobility,” adding that the company remains “deeply committed to compliant, collaborative engagement with US regulators.”
Echoing the sentiment, Tata Consultancy Services (TCS) stated, “The US remains our largest market, and such policy stability ensures continued value creation for our customers and the American economy alike.”
A senior official from India’s Ministry of External Affairs (MEA) also expressed satisfaction, saying, “New Delhi has consistently raised concerns regarding fair and transparent mobility norms for skilled professionals, and we appreciate the responsiveness shown by US authorities.”
Legal observers say the clarification underscores the courts’ unwillingness to allow arbitrary executive overreach. Immigration attorney Laura Chen noted, “Judicial pressure and industry advocacy together forced a quick course correction — the administration couldn’t afford to alienate its own tech backbone.”
While the White House has reiterated that its intent is to “prioritize American jobs,” analysts believe the reversal signals a pragmatic acknowledgment that skilled migration remains central to US innovation leadership.
