Washington — The United States Citizenship and Immigration Services (USCIS) has issued new guidance clarifying how the recently announced $100,000 fee for the H‑1B visa will apply — providing substantial relief for many Indian-origin students and tech workers. The changes stem from a presidential proclamation introduced earlier this year.

Here are the three major take-aways from the clarification:

1. Fee applies only to new petitions filed from outside the U.S.
   The proclamation states that the fee will apply to H-1B petitions filed on or after 12:01 a.m. eastern time on September 21, 2025, for beneficiaries who are outside the United States and do not hold a valid H-1B visa. Anyone inside the U.S. seeking change of status is exempt under this clause.

2. Existing H-1B holders and those applying for extensions or amendments are exempt
   USCIS confirmed that the fee does not apply to individuals already in H-1B status, or those filing petitions for change of status, extensions of stay, or amendments — provided they are inside the U.S. The exemption also covers beneficiaries who travel abroad and re-enter under the valid H-1B status after an approved extension or change.

3. Rare fee waivers and payment procedure outlined
   In very limited circumstances, the fee may be waived — for example if no qualified American worker is available for the role, or the employment is deemed to be in the national interest. USCIS directed that the fee must be paid via the online platform before filing a petition; any application submitted without proof of payment or valid exemption will be rejected outright.

Implications for Indian Students and Tech Professionals

India remains the largest source of H-1B visa recipients, and international students from India account for a significant portion of U.S. higher-education enrolments. The clarification relieves concerns that the fee might retroactively apply to students transitioning from an F-1 student visa to H-1B status, or to Indian tech workers already in the U.S.

Timeline of Key Events

Employers and visa applicants should review the filing strategy carefully — particularly whether the beneficiary is inside the U.S. or abroad at the time of petition. Indian students and technology professionals based in the U.S. should verify status categories, travel plans and filing timelines to avoid unexpected costs. Employers sponsoring H-1B employees will also need to integrate the clarified rules into their immigration and workforce planning.