Lagatar24 Desk
Washington DC: In a major relief for Indian professionals and students, the Donald Trump administration has clarified exemptions under the controversial $100,000 H-1B visa fee introduced in September. The clarification limits the proclamation’s scope to new petitions for individuals outside the United States, allowing employers to proceed with change-of-status filings without paying the hefty fee.
Key Clarifications and Applicability
According to the United States Citizenship and Immigration Services (USCIS), the $100,000 fee applies only to new H-1B petitions filed on or after 12:01 am EDT on September 21, 2025, for beneficiaries outside the US who do not hold a valid H-1B visa. However, the fee does not apply to “change of status” cases—such as individuals switching from F-1 student status to H-1B—if they remain inside the country. The clarification ends weeks of confusion among employers and applicants over the proclamation’s vague directives.
Relief for Indian Students and Professionals
The decision comes as a major reprieve for Indian students and tech professionals, who form the bulk of H-1B visa holders. In 2024, Indian nationals received around 70% of H-1B visas, while Indian students accounted for 27% of all foreign students in the US, marking an 11.8% rise from the previous year, according to ICE’s Student and Exchange Visitor Program report.
Fee Waived for Amendments and Reentries
USCIS further clarified that the proclamation does not apply to previously issued or currently valid H-1B visas, or petitions filed before September 21, 2025. It also excludes amendments, extensions, or changes of status within the US. Beneficiaries of such petitions will not be subject to the fee even if they later travel abroad and reenter on the same visa. However, employers must pay the fee if USCIS denies an application due to ineligibility.
Exceptional Waivers and Payment Process
The Department of Homeland Security Secretary, Kristi Noem, may grant fee waivers in “extraordinarily rare circumstances” where no qualified American worker is available, or the immigrant’s employment serves national interest. The USCIS has directed that the fee be paid via pay.gov before filing petitions, warning that submissions lacking payment proof or exemption documentation will be rejected.
Legal Challenge and Broader Impact
The clarification follows a lawsuit filed by the US Chamber of Commerce, which termed the fee “unlawful and harmful” to small and medium-sized businesses. The revised guidance brings relief to thousands of Indian students and professionals, reaffirming the US’s continued reliance on skilled talent from India while easing fears over financial burdens tied to immigration policy changes.
