US H-1B Visa Fee Clarification Brings Relief to Students and Professionals

In a significant update for Indian students and technology professionals, the US Citizenship and Immigration Services (USCIS) has clarified exemptions to the recently introduced $100,000 H-1B visa fee. The fee, announced via a presidential proclamation in September 2025, applies only to new H-1B petitions filed for individuals outside the United States without a valid H-1B visa.

The USCIS confirmed that current visa holders, as well as those applying for a “change of status” within the US (for example, from F-1 student visas to H-1B), are exempt from this fee. This guidance provides a major relief for Indian professionals and students, who account for a substantial portion of H-1B visa holders.

Key Details on Fee Exemptions

• The $100,000 fee applies solely to new petitions submitted on or after September 21, 2025, for beneficiaries outside the US.

• Change-of-status applications for individuals already in the US are exempt.

• Existing H-1B visa holders can travel in and out of the US without being subject to the new fee.

• Amendments, extensions, and petitions for reentry based on approved H-1B visas are not liable for the fee.

• Rare exemptions may be granted by the Secretary of Homeland Security under extraordinary circumstances, such as roles of national interest or when no US worker can fill the position.

This announcement comes after widespread confusion following the fee’s introduction and after legal challenges from the US Chamber of Commerce, which called the fee “unlawful and harmful” to small and medium-sized businesses.

Impact on Indian Students and Professionals

Indian nationals continue to dominate H-1B visa allocations, accounting for nearly 70% of all approvals in 2024. Indian students represent 27% of all international students in the US, making this clarification crucial for maintaining seamless transitions from education to professional employment.

Employers are now able to proceed confidently with change-of-status filings without worrying about the new fee, ensuring smoother visa processing for students moving to work visas.