The United States clarified that current H-1B holders and those relocating within the nation will not be impacted by the recently announced $100,000 H-1B visa fee. When switching from F-1 to H-1B, Indian professionals and students no longer have to worry about additional costs.
The Donald J. Trump administration issued clarifications regarding the contentious H-1B visa fee, which is a huge relief to Indian professionals and current students studying in the United States.
The US Citizenship and Immigration Services (USCIS) announced on September 19, 2025, that applicants who are already in the country will not be subject to the new proclamation, which requires an outrageous $100,000 fee for H-1B. Any H-1B visas that have already been granted and are still in effect, as well as any petitions filed before 12:01 am eastern daylight time on September 21, 2025, are exempt from the Proclamation, according to the USCIS.
A presidential proclamation titled “Restriction on entry of certain nonimmigrant workers” was issued by the Donald Trump administration on September 19, 2025, and it requires certain H-1B visa petitions to pay a one-time fee of $100,000 USD
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Background / Why the change:
- The publicly stated justification is to prioritize hiring American workers and prevent alleged abuse of the H-1B program, which involves substituting lower-cost foreign labor for American workers.
- The fee is on top of the current H-1B petition fee structures.
- The fee goes into effect for petitions submitted on or after September 21, 2025, at 12:01 a.m. Eastern Daylight Time (EDT).
How USCIS has clarified its applicability:
The U.S. Citizenship and Immigration Services (USCIS) has released guidelines that specify who is required to pay, who is exempt, and how to pay or request a waiver. The main ideas
- When all of the following are true, the fee is charged:
- The petition must be submitted by 12:01 a.m. EDT on September 21, 2025, at the latest.
- At the time of filing, the beneficiary is not in the United States and does not possess a valid H-1B visa.
- Or, instead of requesting a change of status, the petition asks for consular notification, a port-of-entry inspection, or a pre-flight inspection (even if the beneficiary is within the United States).
- The fee might be applicable if a petition is filed seeking an amendment, change, or extension but USCIS finds the beneficiary is ineligible (for example, out of status or having left the US too soon), and the petition is changed to consular notification only.
Key implications & stakeholder impact: For students, tech professionals, Indian nationals
- Many international students, particularly those from India, who are in the United States on F-1 visas and are requesting a change of status to H-1B will find great relief from this clarification. The $100K fee is not applicable because their petitions for a change of status are filed within the United States. Storyboard 18+1
- Unless consular notification is necessary, the fee is generally not triggered for tech professionals who are already on H-1B or who apply via extension, amendment, or change of employer while in the United States.
- However, the costs to employers (or employees) increase dramatically for new hires outside the United States (beneficiaries abroad without a valid H-1B visa) beginning after September 21, 2025. Global mobility plans and Indian IT/outsourcing companies may be impacted by this.
For employers
- If the case calls for it, employers who sponsor foreign workers must budget for the additional $100K fee.
- When assessing fee liability, employers need to be cautious about the type of petition: change of status versus consular notification is crucial.
- May cause one to reconsider: Should the beneficiary enter the country on a different visa (if at all possible) and then switch to an H-1B visa within the country to avoid paying the fee? According to the guidelines, this route is legitimate (for those inside the U.S.).
- Risk of litigation: The U.S. Chamber of Commerce has sued the policy, claiming it goes beyond executive authority and will hurt American companies that depend on H-1B workers
For immigration/mobility strategy:
- Travel planning issues: If a beneficiary’s petition for a change of status is granted while they are in the United States, they can go overseas later and reenter the country without incurring the fee.
- Those who are overseas or planning to file from overseas must make important decisions regarding where to file, whether to request consular notification as opposed to a change of status, and whether to pay the fee.
- The policy successfully protects the rights of individuals who currently hold valid H-1B visas issued before September 21, 2025, without imposing additional fees.
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Conclusion
All things considered, the USCIS’s explanations regarding the $100,000 cost for specific H-1B Visa petitions represent a substantial change in the country’s high-skilled immigration laws. While many people already in the United States benefit from the policy’s change of status pathways, it increases the barrier for foreign hires. You have a compelling story about international talent flows, policy, mobility, and the U.S.-India relationship in your article. Analysis of who benefits and who loses, how businesses adjust, and what happens next is also encouraged.
