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Major Relief for Indians in the US: No $100,000 H-1B Fee for Status Change, Says USCIS
Big relief for Indian professionals in the US! The Trump administration's massive $100,000 H-1B visa fee will NOT apply to those already in America changing their status (like from F-1 student visa to H-1B) or extending their stay. The new rule primarily targets new applicants filing from outside the US.
In a significant clarification that brings a wave of relief to thousands of Indian professionals and students in the United States, the US Citizenship and Immigration Services (USCIS) has confirmed that the hefty $100,000 H-1B visa fee will not apply to those already in the US who are changing their visa status or extending their stay.
This crucial update, released on October 20, 2025, clears the air after a controversial proclamation by the Trump administration on September 19th had created widespread confusion and anxiety among employers and visa holders.
Who is EXEMPT from the $100,000 Fee?
According to the new guidelines, you are safe from this massive fee if you fall into these categories:
- Recent International Graduates: If you are on an F-1 student visa and your employer is sponsoring you for an H-1B status while you are inside the USA.
- Existing H-1B Holders Seeking Extension: If you are already in the US on an H-1B visa and are applying to extend your stay with the same or a different employer.
- L-1 Visa Holders Changing Status: The guidance also benefits those on L-1 visas (intra-company transfers) who are applying for a change of status to H-1B without leaving the country.
In official terms, the fee does not apply to a "change of status" or an "extension of stay" for beneficiaries inside the United States.
Who WILL Have to Pay the Fee?
The USCIS has made it clear that the $100,000 fee will be imposed in the following scenarios:
- New Petitions for Workers Outside the US: Any new H-1B petition filed on or after September 21, 2025, for a beneficiary who is outside the United States and does not have a valid H-1B visa.
- Cases Requiring Consular Notification: If a petition requests "consular notification" for a worker who is in the US but must leave the country for visa stamping before the petition is approved.
The agency has set up an online portal for employers to pay this fee if applicable.
What Does This Mean for the Indian Community?
This clarification is a huge positive for the Indian diaspora, which forms a substantial portion of H-1B visa holders and international students in the US.
- Students (F-1 Visa): Recent graduates from US colleges, including many Indians, can now breathe easier. Their path from student life to a professional H-1B career will not be blocked by this prohibitive fee, as long as they apply for a change of status from within the US.
- Current Professionals (H-1B Visa): Those already working in the US can continue their jobs, extend their stays, and even change employers without being burdened by this new cost. The USCIS also confirmed that current H-1B holders will not be stopped from travelling in and out of the country.
The Bottom Line
The Trump administration's $100,000 H-1B fee remains a highly disruptive measure aimed at companies hiring foreign workers from abroad. However, the latest guidelines have drawn a critical line, protecting those who are already legally present in the United States and contributing to its economy.
While the administration has not approved any blanket waivers, it has mentioned that employers can request an exception if a worker's presence is in the "national interest" and no American worker is available for the role.
This is the first official attempt to address the confusion since the proclamation was issued, offering much-needed clarity and relief to the Indian community and other foreign nationals building their careers in America.
(Source-ndtv)
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