$100K H-1B visa fee won’t hit Indians already in US

In a major relief for thousands of Indian professionals and students in the US, the Trump administration has clarified that international graduates and skilled workers already in the country will be exempted from paying the steep $100,000 H-1B visa fee announced last month.

The clarification, issued by the US Citizenship and Immigration Services (USCIS) under the Department of Homeland Security, followed confusion and concern among foreign workers and employers over the scope of President Donald Trump’s “Proclamation on Restriction on Entry of Certain Non-immigrant Workers”, signed on September 19.

Under the proclamation, all new H-1B petitions filed on or after September 21, 2025, are required to include an additional $100,000 payment as a condition of eligibility. However, the rule applies only to beneficiaries who are outside the US and do not already hold valid H-1B visas.

The USCIS clarified that petitions filed for individuals already in the US -- such as recent graduates on student visas applying for an H-1B change of status or existing H-1B holders seeking amendments or extensions -- will not be subject to the new payment, provided their status remains valid.

“The proclamation doesn’t apply to petitions requesting an amendment, change of status or extension of stay for an alien inside the US where the alien is granted such amendment, change or extension,” the USCIS stated.

The move comes as a major relief for thousands of Indian STEM graduates and professionals -- a group that forms nearly three-quarters of all H-1B recipients annually -- who feared the new policy would make employment in the US unaffordable for sponsoring companies.

The $100,000 payment is aimed at tightening eligibility for foreign workers entering from abroad, a measure the administration described as necessary to “safeguard American jobs” and reform the H-1B system.

The policy has drawn mixed reactions from US industry groups and immigration advocates. While supporters say it aligns with the administration’s broader effort to protect domestic workers, critics argue it could deter foreign investment and deepen tech talent shortages.

For now, the clarification ensures that thousands of Indian students already in the US, particularly those on Optional Practical Training (OPT) awaiting H-1B approval, can breathe easy, as they remain unaffected by the hefty new fee.