The Trump administration has issued crucial clarifications on the controversial $100,000 H-1B visa fee, providing significant relief to Indian students and professionals working in the US technology sector. The United States Citizenship and Immigration Services (USCIS) confirmed that the fee does not apply to individuals changing their immigration status within the United States, such as international students shifting from F-1 to H-1B status. This update clears the confusion caused by last month’s presidential proclamation and offers much-needed stability to foreign workers and employers.
For Indian nationals, who account for nearly 70% of all H-1B visa recipients, the clarification brings clarity and reassurance. It is especially beneficial to Indian students, who represent 27% of all international students in the US as of 2024. Many of these students plan to join the US workforce through the H-1B route after completing their education. The USCIS emphasized that the new fee applies only to petitions filed for individuals outside the US seeking entry and not to those changing their status internally. This means that students and professionals currently residing in the US can continue their employment transitions without incurring the additional cost.
Another major clarification is that current H-1B holders are exempt from the new fee when applying for extensions, amendments, or reentries. The USCIS stated that the proclamation does not apply to petitions submitted before September 21, 2025, or to existing visa holders who are merely renewing or amending their status. However, if an applicant is outside the US or found ineligible for an internal status change, the fee will apply. This provision ensures that legitimate workers inside the country remain unaffected while maintaining oversight over new entrants.
In rare circumstances, the $100,000 fee may be waived entirely. The Secretary of Homeland Security has the authority to grant exemptions in extraordinary cases where the role serves the national interest or no qualified American worker is available. To ensure compliance, USCIS directed employers to make payments through pay.gov before filing their petitions. Any petition lacking proof of payment or valid exemption will be rejected immediately.
These updates arrive amid ongoing legal challenges from the US Chamber of Commerce, which argues that the fee unfairly burdens smaller firms and international talent, particularly from India. While the lawsuit continues, the clarifications provide temporary relief and operational guidance to businesses and employees navigating the complex H-1B process. Overall, the Trump administration’s latest statement restores predictability to immigration planning for thousands of skilled Indian professionals and graduates seeking opportunities in the United States.
