US Clarifies $100,000 H-1B Visa Fee — Major Relief for Indian Students and Techies
In a major development, the Donald Trump administration has issued a clarification on the controversial $100,000 H-1B visa fee, bringing much-needed relief to Indian professionals and students in the United States.
The United States Citizenship and Immigration Services (USCIS) has confirmed that the presidential proclamation issued in September applies only to new petitions for individuals outside the US. Employers can now proceed with “change-of-status” filings, such as transitions from F-1 student visas to H-1B without paying the hefty fee.
💼 What the Clarification Means
According to the USCIS, the proclamation applies to new H-1B petitions filed on or after September 21, 2025, for beneficiaries outside the US without a valid H-1B visa.
“The fee does not apply to any previously issued or currently valid H-1B visas, or to petitions seeking amendments, extensions, or change of status within the United States,” the agency said.
This clarification ends weeks of confusion that followed the September 19 proclamation, which introduced the high fee — nearly ₹89 lakh — for H-1B filings.
✈️ Relief for Existing Visa Holders and Reentries
The USCIS further confirmed that existing H-1B holders can travel freely in and out of the US. The proclamation does not apply to those reentering the country on a valid H-1B visa or filing amendments and extensions.
“An alien beneficiary of such petition will not be considered subject to the payment if he or she departs and later reenters the US on a valid H-1B visa,” the notice clarified.
🧾 Fee Payment & Rare Exemptions
The agency outlined that payments must be made via pay.gov before filing, and any submission lacking proof of exemption will be rejected.
In “extraordinarily rare circumstances,” Secretary of Homeland Security Kristi Noem may grant exemptions — for example, if no qualified American worker is available or the employment serves the national interest.
🌎 A Boost for Indian Talent
This clarification is seen as a major reprieve for Indian tech workers and students, who make up the largest share of H-1B beneficiaries — accounting for 70% of H-1B visas in 2024.
Indian students also represent 27% of all international students in the US, marking an 11.8% increase from the previous year, according to the US ICE Student and Exchange Visitor Program (SEVP).
⚖️ Legal Challenge Continues
The clarification follows a lawsuit filed by the US Chamber of Commerce against the Trump administration, arguing that the new fee structure is “unlawful and harmful” to smaller businesses that depend on foreign skilled talent.
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