US H-1B Visa Rule Changes: Key Updates for Global Students

• USCIS exempts students changing status from F-1 to H-1B visa fee.
• Existing H-1B holders face no fees for extensions, reentries, or amendments.
• Rare exemptions possible, but employers must pay $100,000 fee before filing.

The United States Citizenship and Immigration Services (USCIS) has provided key clarifications about the controversial $100,000 (approximately Rs 88 lakh) H-1B visa fee that was enacted last month through a presidential proclamation by the Trump administration, marking a significant update for Indian students and tech professionals.

Two primary groups - international students moving to work visas and Indian tech professionals already in the US - are comforted by the explanations. Significantly, the USCIS has confirmed that people adjusting their immigration status in the United States, such as students transitioning from F-1 to H-1B visas, are free from the fee. Considering that Indian nationals represent around 70% of all H-1B visas issued in 2024, this is highly significant.

US Grants Exemption for International Students:

Forbes reported that the USCIS has confirmed that the fee will not be imposed on "change of status" scenarios, where individuals transition between categories without departing the country, like moving from F-1 student status to H-1B status.

Dan Berger from the immigration law firm Green & Spiegel mentioned during an interview that, “it says the fee only applies to cases filed for people outside the United States, so they can come in,” according to Forbes. “Employers were nervous about doing a change of status because the $100k might apply if they travel,” Berger stated.

No Fees for Extensions, Reentries, or Pre-Sept 21 Filings:

USCIS assured unrestricted access to and from the United States for existing H-1B visa holders and their approved beneficiaries.

According to the government, “The Proclamation does not apply to any previously issued and currently valid H-1B visas, or any petitions submitted before 12:01 am Eastern Daylight Time on September 21, 2025.”

“The Proclamation also 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,” it stated.

The fee would be applied, however, if the USCIS determines the person to be “ineligible for a change of status or an amendment or extension of stay.” The letter indicates that the fee also applies if someone files a new H-1B petition or seeks consular processing while outside of the United States.

Also Read: UK Tightens Skilled Visa Entry With New English Tests

Visa Fee Waivers Available in Rare Cases, Payment Steps Details:

The fee might be eliminated under certain conditions. Exemptions might be allowed in "extraordinarily rare circumstances" by Secretary of Homeland Security Kristi Noem, like when no qualified American worker is present or when the role is considered to serve the national interest.

Furthermore, USCIS has released payment instructions, directing employers to cover the expense before filing the petition via pay.gov. Petitions lacking proof of exemption or payment will be outright rejected. The employer is still required to cover the expenses even if an application is denied due to the applicant being deemed ineligible for a change or extension of status.