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New Delhi: A raging controversy has ensued after US President Donald Trump imposed $100,000 annual fee for H-1B worker visa applications last month. It can have a huge effect on the technology sector that is heavily dependent on skilled foreign workers from India and China.
Now, the United States Citizenship and Immigration Services (USCIS) has clarified that recent international college graduates who are sponsored for H-1B status during their stay in the US won't have to pay the massive fee. The decision that the Trump administration took on September 19, 2025, has confused employers and visa holders who are still trying to find answers to many questions.
The USCIS issued guidance on October 20, clarifying that those with a “change of status" won't have to pay the hefty fee. It refers to those cases where a person changes from one category to another without leaving the country, like the instance of an F-1 student moving to H-1B status. It also said in the guidance that petitions filed for workers outside the US or for workers who must leave the US before a petition is adjudicated will have to pay the hefty fee, which has left many people sweating.
It said, “The Proclamation applies to new H-1B petitions filed at or after 12:01 a.m. 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." The agency added, “The Proclamation also applies if a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, requests consular notification, port of entry notification, or pre-flight inspection for an alien in the United States.”
There is an online portal to pay the fee, and employers can submit to be exempted from it if their presence is of paramount interest to the US and if there is no American to fill the role. It is reportedly good news for college graduates on F-1 student status and employees on L-1 visas. There is no need for those already on a US visa to pay the fee.
