In a major relief for existing US visa holders, including thousands of Indians, the United States Citizenship and Immigration Services (USCIS) has clarified that the recently imposed $100,000 H-1B visa fee by the Trump administration will not apply to international students or professionals already residing in the US.
The confusion arose after a controversial presidential proclamation issued on September 19, 2025, mandated a steep $100,000 fee on new H-1B visa petitions, sparking widespread concern among employers and foreign workers. The latest USCIS guidance, released on October 20, now confirms that the fee will only apply to petitions for individuals outside the United States or those required to leave the country before their visa status is adjudicated.
Crucially, the directive exempts cases involving a “change of status,” such as foreign students on F-1 visas transitioning to H-1B employment or professionals extending their stay within the US. This clarification brings significant relief to recent graduates and tech employees, many of whom feared they would be priced out of the American job market.
USCIS further noted that current H-1B holders would continue to be free to travel in and out of the country without penalty. However, employers seeking to bring in workers from abroad must pay the $100,000 fee unless they can demonstrate that the foreign worker’s presence serves the national interest and that no qualified American is available to fill the role.
The Trump administration maintains that the fee aims to curb misuse of the H-1B programme and prioritise American jobs. But critics, including industry leaders and immigration advocates, warn that the move could severely disrupt sectors like technology and healthcare, which rely heavily on foreign talent to meet workforce demands.
