Article Summary

USCIS has clarified that the $100,000 H-1B visa fee, introduced by a presidential proclamation, applies primarily to new petitions for beneficiaries outside the United States. Individuals already in the US applying for a change of status, such as F-1 students transitioning to H-1B or workers seeking extensions, are exempt from this new charge. This clarification brings significant relief to thousands of Indian students and professionals currently residing in the US.

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This news is crucial for F-1 students and L-1 visa holders in the US, as it removes a potential barrier to their H-1B applications, allowing them to pursue skilled employment without an exorbitant additional fee. For employers, it clarifies hiring costs and aids in workforce planning, particularly for those sponsoring individuals already within the United States.

The policy, announced via a presidential proclamation on September 19, 2025, introduced a substantial $100,000 fee for certain H-1B petitions. This clarification effectively carves out a critical exemption, maintaining a more accessible pathway for those already contributing to the US economy and seeking to transition to H-1B status. This could also influence the competitiveness of US-educated international graduates in the job market.

While this clarification offers immediate relief, the existence of the $100,000 fee for out-of-country applicants could still influence global talent pipelines, potentially deterring some from applying for H-1B visas directly from abroad. This situation may prompt further discussions about the broader implications of such high fees on US competitiveness for attracting skilled talent globally.