US H-1B visa fee: Major relief for students and professionals as Trump administration clarifies exemptions

he Trump Administration has issued critical clarifications regarding the controversial $100,000 H-1B visa fee, delivering a significant reprieve for Indian professionals and students in the US. The guidance from the United States Citizenship and Immigration Services (USCIS) exempts key applicant categories, resolving weeks of confusion following the presidential proclamation on September 19.

In the most pivotal exemption, the USCIS confirmed that the staggering fee will not apply to "change of status" cases. This means individuals already in the US who are transitioning from one visa type to another—most notably, those moving from an F-1 student visa to an H-1B work visa—are exempt from the fee.

This decision is a major victory for Indian students, who constituted the largest source of foreign students in the US in 2024. The clarification on F-1 to H-1B transitions drastically reduces the financial barrier for thousands of graduates seeking to enter the American workforce.

Who Must Pay and Who Is Exempt? The $100,000 fee is specifically targeted at new H-1B petitions filed at or after 12:01 am Eastern Daylight Time on September 21, 2025, for beneficiaries who are outside the United States and do not possess a valid H-1B visa.

Crucially, the USCIS assured that the following groups are not subject to the fee:

Existing H-1B visa holders and those with approved petitions.

Petitions submitted prior to the September 21st deadline.

Petitions filed for amendment, extension of stay, or change of status for an alien already inside the United States.

Furthermore, an approved beneficiary granted an amendment or extension who later departs and reenters the US will not be subject to the new payment. This offers substantial relief for the estimated 70% of H-1B visas awarded to Indian nationals in 2024.

For those subject to the new fee, the USCIS has detailed a payment process, directing petitioners to use pay.gov before submitting their H-1B application. Filings that lack proof of payment or exemption will be rejected. The fee must also be paid if a petition is ultimately denied.

In "extraordinarily rare circumstances," Secretary of Homeland Security Kristi Noem may grant other exemptions, such as when an American worker is unavailable to fill the role or if the immigrant's employment serves the "national interest."

The clarification follows a lawsuit filed by the US Chamber of Commerce challenging the proclamation as "unlawful and harmful to small and medium-sized businesses."

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