Synopsis : The U.S. Citizenship and Immigration Services (USCIS) has clarified that the proposed $100,000 H-1B visa fee will not apply to everyone. Students and professionals already in the U.S. changing their status to H-1B are exempt, bringing relief to thousands of Indian aspirants.
Big H-1B Fees Respite for Indian Students – Detailed Update
In a major clarification that brings relief to the global tech and education community, the U.S. Citizenship and Immigration Services (USCIS) announced that the controversial $100,000 H-1B visa fee will not apply universally.
According to the latest USCIS guidance issued on October 20, 2025, the new fee structure only affects fresh H-1B visa petitions filed from outside the U.S. Applicants who are already in the U.S., including international students (F-1 visa holders) transitioning to H-1B or professionals seeking extensions or amendments, are exempt.
This update ends weeks of uncertainty among Indian students and tech professionals, who feared the steep cost would severely impact career plans and employment opportunities in America.
USCIS clarified:
“The Proclamation does not apply to petitions requesting an amendment, change of status, or extension of stay for an alien inside the United States.”
This means anyone shifting from student status (F-1) or other valid visa categories to H-1B within the U.S. won’t have to pay the additional fee, even if they later travel abroad and reenter with the same petition.
Legal experts welcomed the move. Dan Berger of Green & Spiegel noted that the clarification ensures employers can continue sponsoring employees’ change-of-status applications without worrying about future travel penalties.
‘Rare Exceptions’ Still Possible
The USCIS guidance also mentions that in “extraordinarily rare circumstances,” the Secretary of Homeland Security may waive the fee requirement if the foreign worker’s presence is deemed in the national interest or if there is no suitable American worker available for the position.
Such exceptions will be considered only when enforcing the fee could “significantly undermine the interests of the United States.”
For now, the update provides much-needed clarity and relief to Indian students, IT professionals, and U.S. employers navigating the evolving visa landscape.
Disclaimer : This article is for informational purposes only and should not be considered as legal or immigration advice. Readers are advised to consult official USCIS resources or legal professionals for individual cases.
