The United States Citizenship and Immigration Services (USCIS) eased all the confusion on the H-1B visa pay of $100,000 fee introduced by Donald Trump administration last month. The clarification made was that recent international college graduates in the US, including Indians, who are sponsored for H-1B status will not have to pay the $100,000 fee.
The proclamation, issued on September 19, 2025, caused confusion among employers and visa holders. USCIS guidance issued on October 20 specifies that the fee will not apply to a “change of status” within the US, such as F-1 students moving to H-1B, or those seeking extensions of stay while remaining in the country.
.@USCIS has issued updated guidance on the H-1B Procolomation on their website (https://t.co/dPCGt5ZPhj) pic.twitter.com/L1Fmn1d92I
— Steven Brown (@AttyStevenBrown) October 20, 2025
Fee Applies Only to Petitions Outside the US
USCIS stated that petitions filed for beneficiaries outside the United States or for those who must leave the country before petition approval remain subject to the $100,000 fee. Current H-1B visa holders can continue to travel and re-enter the US without additional charges.
The agency clarified that the proclamation applies to new H-1B petitions filed on or after 12:01 a.m. Eastern Daylight Time on September 21, 2025, for beneficiaries outside the US without valid H-1B visas, or for petitions requesting consular notification, port-of-entry notification, or pre-flight inspection within the United States.
USCIS also created an online portal to facilitate the $100,000 petition fee for cases covered under the September 19 proclamation.
Employers seeking exceptions may request waivers if a foreign worker’s presence is in the national interest and no American worker is available for the role. However, the administration has not approved blanket waivers for any occupation.
Relief for Indian Students and L-1 Visa Holders
The recent USCIS guidance provides relief to Indian students on F-1 visas and employees on L-1 visas. L-1 visas allow multinational companies to transfer employees to US offices, while F-1 visas permit full-time study at accredited institutions.
Both groups who are already in the US and changing their visa status to H-1B are exempt from paying the $100,000 fee.
This clarification addresses the major confusion caused by the proclamation and reassures students and professionals currently in the United States about their financial obligations regarding visa status changes.
The $100,000 H-1B fee was one of President Trump’s most disruptive measures, targeting foreign workers in the US, particularly in the tech sector. Legal experts warned that the fee could harm multiple industries by restricting access to skilled labor.
USCIS clarified that only new H-1B petitions for individuals outside the US will be affected. Despite the clarification, questions remain regarding exemptions for specific occupations or industries and the treatment of student visa holders. The announcement aims to maintain balance between protecting the program from misuse and ensuring US industries can continue to fill critical positions.
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Swastika Sruti is a Senior Sub Editor at NewsX Digital with 5 years of experience shaping stories that matter. She loves tracking politics- national and global trends, and never misses a chance to dig deeper into policies and developments. Passionate about what’s happening around us, she brings sharp insight and clarity to every piece she works on. When not curating news, she’s busy exploring what’s next in the world of public interest. You can reach her at [swastika.newsx@gmail.com]
