Relief At Last: Trump’s $100,000 H-1B Shock Softens, Indian Students And Techies Breathe A Sigh Of Relief | World News
Washington: Thousands of Indian students and tech professionals experienced a jolt last month. A new rule from Washington puts a $100,000 price tag on the American dream. Employers froze applications, students postponed plans, and recruiters called lawyers in a panic.
United States Citizenship and Immigration Services (USCIS) has now cleared the air. The agency confirmed that the new fee under Donald Trump’s September announcement applies only to new H-1B petitions for individuals outside the country.
“The proclamation applies to new H-1B petitions filed on 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 said in a late-night statement.
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The statement narrows the scope of the order. The $100,000 fee (about Rs 89 lakh in Indian currency) is only targeted at people who applied from abroad after September 21 and do not have a valid visa.
The second line of the statement stated that the fee also covers petitions requesting a consular notification, port of entry permit or pre-flight inspection. In simple terms, anyone seeking a visa stamp at a US embassy or border checkpoint will be subject to this rule.
But there is relief. The agency confirmed that those already in the US on another visa can switch to H-1B without paying $100,000. This includes thousands of Indian students transitioning from F-1 student status to work visas.
The statement calmed many employers who feared the rule could halt hiring of technical staff or delay status changes for months. The order, issued on September 19, left many questions open and triggered confusion on campuses and corporate offices.
For Indian students, timing was important. They remain the largest group of international students in the United States. According to the 2024 report of ICE’s Student and Exchange Visitor Program, Indians accounted for 27 percent of all foreign students (an increase of nearly 12 percent from the previous year).
The new interpretation also protects Indian professionals, who will hold about 70 percent of all H-1B visas issued in 2024.
USCIS confirmed that the fee will no longer apply to changes, extensions, or re-entry for current H-1B holders. Those who go abroad can return without paying any fee. Approved petitions remain valid.
“The proclamation does not apply to previously issued and currently valid H-1B visas or petitions submitted before 12:01 a.m. eastern daylight time on September 21, 2025,” the agency said.
It also added: “The proclamation also does not apply to a petition filed on or after 12:01 a.m. eastern daylight time on September 21, 2025, requesting an amendment, change of status, or extension of stay of an alien in the United States.”
Another line from the Agency sealed the assurance: “In addition, the foreign beneficiary of such petition shall not be deemed subject to payment if he subsequently leaves the United States and applies for a visa based on the approved petition and/or seeks to re-enter the United States on an existing H-1B visa.”
USCIS announced that any employer who applies without proof of exemption will have their petition denied. Payment must be made in advance through pay.gov, the official government portal for visa-related fees.
The rare waivers would come directly from Homeland Security Secretary Kristi Noem. These would apply in “extraordinarily rare circumstances,” such as when no American worker could fill the role or when the employment directly serves the national interest.
The statement came after the US Chamber of Commerce filed a lawsuit against the Trump administration, calling the fee “illegal and harmful to small and medium-sized businesses.”
For now, Washington’s message is clear. The $100,000 rule is real, but its scope is smaller than feared. The path to the H-1B dream remains open for Indian students and techies; it’s just narrower, more expensive, and more closely monitored than ever before.
