Grey Areas in New H1B Rules Leave Students Perplexed
A change of status happens when someone in the US, for example on an F-1 student visa or Optional Practical Training (OPT), applies to switch to H-1B without leaving the country.
Hyderabad: US President Donald Trump administration’s decision to collect a supplemental fee of $100,000 for new H-1B visa applications — filed after September 21, 2025 — has left many foreign workers and students uncertain about their future.
While the order clearly states that it is applicable to new visa applications and consular processing abroad, it does not explain what happens when a person already in the United States requests a “change of status” to H-1B.
A change of status happens when someone in the US, for example on an F-1 student visa or Optional Practical Training (OPT), applies to switch to H-1B without leaving the country.
Normally, this allows them to continue working without travelling abroad for visa stamping. The new proclamation, however, mainly speaks about restrictions on “entry” and “issuance of visas”, leaving experts unsure whether it also covers status changes filed inside the US.
Immigration lawyers say this wording creates a grey area. Some legal commentaries suggest that the $1,00,000-fee should not apply to those already in the country, since they are not technically “entering” on H-1B. But others are urging people to stay cautious as the lack of clear exemption could still put change-of-status applicants at risk.
The greatest concern with the unclear rules is on travelling. Even if a change of status is approved without paying the fee, the H-1B holder may face problems later if they travel abroad and return on H-1B.
At that point, consular officers or border officials could demand proof of the fee, and if not shown, could possibly deny entry back into the United States.
United States Customs and Immigration Services (USCIS) has stated that the existing H-1B visas and applications filed before September 21 will remain valid, and that the proclamation is prospective. But it has not explicitly ruled out the change-of-status cases. This silence has left employers and visa holders uncertain about whether they must prepare to pay the new fee when filing for employees who are already working in the US.
Employers, universities and legal advisers are already sending warnings to students, recent graduates and H-1B holders to avoid international travel until the government issues firm guidance.
