For employers, students and workers, the world had spun out of its axis, following the sudden $100,000 H-1B visa fee.
Introduced by a presidential proclamation on September 19, it triggered panic and understandably so.
Now, reports claim that the US Citizenship and Immigration Services (USCIS) has spoken with clarity. A part of the statement, published by a section of the media, reads: “The Proclamation applies to new H-1B petitions filed at or after 12:01 am EDT on September 21, 2025, on behalf of beneficiaries who are outside the United States and do not possess a valid H-1B visa.”
For scores of Indian students transitioning from academia to the workforce, USCIS drew boundaries: “The fee does not apply in cases of ‘change of status’ such as when an international student on an F-1 visa shifts to H-1B status without leaving the US”
Indian nationals, who largely comprised H-1B visa holders, were the most impacted.
Employers, especially in the tech sector, were unsure how to proceed with filings, payments, or legal planning, reports mentioned.
USCIS also clarified: “The Proclamation does not apply to any previously issued and currently valid H-1B visas, or to petitions filed prior to 12:01 am EDT on September 21, 2025.”
“A petition requesting an amendment, change of status, or extension of stay for an individual already in the US is exempt from the new fee, even if filed after the deadline.”
And for those worried about travel: “An H-1B holder will not be subject to the fee if they later leave the U.S. and return on an approved petition or valid H-1B visa.”
Employers now have direction. The fee, if applicable, must be paid before petition submission, through Pay.gov.
According to USCIS, they may be granted only in “extraordinarily rare circumstances,” like when no qualified US worker is available or if the position is deemed to be in the national interest, both subject to the discretion of Homeland Security Secretary Kristi Noem.
Legal pressure had been building. The US Chamber of Commerce filed suit, calling the fee “unlawful and harmful to small and medium-sized businesses.”
Meanwhile, numbers tell a deeper story. According to reports, last year, Indian nationals received 70% of all H-1B visas issued. Indian students made up 27% of all international students in the US, an 11.8% jump from the previous year.
With this guidance, USCIS has given some breathing room to those who feared their American dream was about to be priced out.
Also Read: H-1B Visa Fee Hike Sparks Chaos, Confusion, Online Disruption https://www.vibesofindia.com/h-1b-visa-fee-hike-sparks-chaos-confusion-online-disruption/
