In a significant relief for thousands of Indian professionals and students in the United States, the Trump administration has clarified that recent international graduates sponsored for H-1B visas while already in the country will not have to pay the newly introduced USD 100,000 fee. The US Citizenship and Immigration Services on Monday, noting the fresh guidelines, stated that the USD 100,000 H1B visa fee will not apply to applicants seeking a “change of status” or “extension of stay.”
US Clarifies Exemptions to New H-1B Fee
USCIS confirmed that the $100,000 H-1B fee can be avoided if the applicant enters on a different visa, which implies F-1 visa for international students, and L-1 visa for international companies and then switches to H-1B inside the US. This way, they can re-enter the US on their H-1B and not be fined. Officials had previously confirmed that current H-1B visa holders are also exempt from this fee announced last month.
“The Proclamation applies to new H-1B petitions filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa,” according to USCIS. “The Proclamation also applies if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests consular notification, port of entry notification, or pre-flight inspection for an alien in the United States.”
What Does It Mean?
According to the official USCIS website, the Proclamation does not apply to any H-1B visas that were previously issued and remain valid, nor to any petitions submitted before 12:01 a.m. Eastern Daylight Time on September 21, 2025. It also does not restrict current H-1B visa holders or approved petition beneficiaries from traveling to and from the United States.
It further states that the H-1B annual limit is 65,000, with 20,000 exemptions for individuals with master’s degrees or higher from a US university. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related non-profit entities, a non-profit research organisation, or a government research organisation, are not subject to this numerical cap.
H-1B Fee
United States President Donald Trump on September 19, 2025, had issued a proclamation imposing a USD 100,000 fee on H-1B visa applications effective September 21. The move aimed to curb the overuse of the program, allowing companies to bring in only “highly skilled” workers from other countries. The H-1B is a non-immigrant visa that permits US based companies to hire foreign workers for specialised roles requiring high-level skills and a minimum of a bachelor’s degree, particularly in fields such as science, technology, engineering, mathematics (STEM), and information technology.
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