H-1B Fee Won't Hit Indian Students US
It added that the proclamation also does not prevent any current H1-B holder from travelling in and out of the US
Hyderabad: Thousands of Indian students in the United States can breathe a sigh of relief after the United States citizenship and immigration services (USCIS) clarified that the newly introduced $1,00,000 fee for the H-1B visa will not apply to those changing their visa status within the country. This means students on an F-1 visa who are already in the US and applying for a “change of status” to H-1B will be exempt from the hefty fee.
The clarification brings an end to weeks of anxiety among students who feared that the steep charge would make post-graduation employment in the US financially unviable. Under the proclamation introduced by President Donald Trump on September 20, employers sponsoring foreign workers on H-1B visas must pay a one-time fee of US $1,00,000 for petitions filed on or after 12.01 am EDT (9.31 am IST) on September 21.
After the announcement, widespread confusion arose over whether the enhanced fee would also apply to applicants filing from within the US — particularly those seeking a change of status from another visa category to H-1B. The USCIS guidance has now clarified that the rule applies only to “new petitions filed on behalf of foreign nationals outside the United States.”
“The Proclamation does not apply to a petition filed at or after 12.01 am eastern daylight time on September 21, 2025, that is requesting an amendment, change of status, or extension of stay for an alien inside the United States where the alien is granted such amendment, change, or extension,” the USCIS statement said.
Talking to Deccan Chronicle, Sandeep K., an F-1 OPT visa holder in California, expressed his relief: “It’s a big relief for me. I was seriously worried and was even considering moving back to India after my OPT ended. But now I can pursue H-1B by changing my status.”
Analysts and consultancy managers also welcomed the clarification, calling it a major positive for students and intra-company transferees. Consultancy manager M. Dinesh said, “This clarification by USCIS is an enormous relief to our students. Many were panicked by the idea of such a high fee and were planning to either move to another country or return home.”
The fee remains applicable to new H-1B petitions filed for applicants outside the US, which will continue to be processed through the consular route. USCIS and the US government reiterated that the fee is a one-time payment, not an annual charge, does not apply to renewals or applicants already within the country, and is not retroactive.