The Trump administration has issued detailed clarifications on exemptions to the $100,000 H-1B visa fee introduced through a September presidential proclamation, providing significant relief for Indian students and professionals.
Trump administration clarifies H-1B Visa Fee
The United States Citizenship and Immigration Services announced that the fee applies specifically to new H-1B petitions filed at or after 12:01 am Eastern Daylight Time on September 21, 2025, for beneficiaries outside the United States without valid H-1B visas.
“The Proclamation applies to new H-1B petitions filed at or after 12.01 am eastern daylight time on September 21, 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa,” USCIS stated.
A major exemption covers “change of status” cases, where individuals transition from one visa category to another while remaining in the United States—such as F-1 student status to H-1B status—without paying the fee. This provision particularly benefits Indian students, who constitute 27% of all foreign students in the US according to 2024 Immigration and Customs Enforcement data, representing an 11.8% increase from the previous year.
The clarification also benefits Indian tech professionals, who received 70% of H-1B visas awarded in 2024.
USCIS confirmed that existing H-1B visa holders can travel internationally without restrictions: “The Proclamation does not apply to any previously issued and currently valid H-1B visas, or any petitions submitted prior to 12:01 am eastern daylight time on September 21, 2025.”
Petition on Amendments
Additionally, petitions filed after September 21 requesting amendments, status changes, or extensions for individuals already in the United States are exempt. Beneficiaries of such petitions can subsequently leave and reenter the country without fee liability.
Homeland Security Secretary Kristi Noem may grant fee waivers in “extraordinarily rare circumstances,” including cases where no American worker can fill the position or the employment serves national interest.
The fee, approximately Rs 89 lakh, must be paid through pay.gov before petition submission. Applications lacking proof of exemption will be rejected.
The September 19 proclamation generated confusion among employers and applicants regarding implementation details. The US Chamber of Commerce has filed a lawsuit challenging the fee, calling it “unlawful and harmful to small and medium-sized businesses.”
