The United States Citizenship and Immigration Services (USCIS) has eased concerns for H-1B and F-1 visa holders, confirming that students and professionals changing status within the US won’t be charged the Trump administration’s newly announced $100,000 visa fee.
The $100,000 visa charge, announced through a presidential proclamation on September 19, 2025, created confusion among employers and visa holders due to unclear details on who exactly would be required to pay the fee.
American Immigration attorney Charles Kuck pointed out a major loophole, noting that individuals entering the US on student or visitor visas are exempt from paying the fee, even if they later obtain an H-1B visa.
USCIS clarified that the fee applies to H-1B petitions filed on or after September 21, 2025, for beneficiaries outside the United States who do not hold a valid H-1B visa at the time of filing.
Those applying for a change of status, such as F-1 students moving to H-1B status or workers seeking extensions within the US, will not be required to pay the new $100,000 visa fee.
The fee will apply to new H-1B petitions for workers outside the US, consular notifications, and port of entry notifications, as well as cases where a change of status or extension request is denied.
Exemptions cover existing H-1B holders, petitions submitted before 12:01 a.m. Eastern Daylight Time (EDT) on September 21, 2025, and those filed within the US seeking amendments, status changes, or extensions that have already received approval from the USCIS.
The clarification benefits thousands of Indian students and professionals on F-1 or L-1 visas already in the US, allowing them to switch to H-1B status without paying the $100,000 charge introduced under the Trump rule.
The Trump administration defended the new fee as a safeguard against programme misuse and to protect American jobs, though business groups warn it could disrupt industries relying on skilled foreign workers.
