Relief For Indian Students And Tech Workers? USCIS Finally Clarifies Who Will Pay Trump’s $100K H-1B Visa Fee And Who Won’t

H-1B visa fee: In a significant clarification that brings relief to thousands of Indian students and professionals in the United States, the US Citizenship and Immigration Services (USCIS) on Monday issued detailed guidelines on President Donald Trump’s controversial order imposing a USD 100,000 fee on new H-1B visa petitions.

Relief For Students And Professionals

The fresh directive, dated October 20, makes clear that the steep fee will not apply to existing visa holders including those currently in the US on F-1 student or L-1 intra-company transfer visas who are changing their status to H-1B. The USCIS further confirmed that H-1B holders already in the country will not be charged the new fee when renewing or extending their visas. “The Proclamation does not apply to a petition filed requesting a change of status or extension of stay within the United States,” the USCIS noted. The agency also confirmed that current H-1B visa holders can continue to travel freely in and out of the country.

The guidelines state that the USD 100,000 fee applies only to “new petitions”. “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 USCIS said. This clarification ends weeks of uncertainty after President Trump’s September 19 proclamation, which sent shockwaves across the global tech and healthcare industries.

“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,” the agency added.

While no blanket waiver has been issued, previously the administration hinted that exceptions may be granted on “national interest” grounds. This provision could offer protection to doctors, nurses, and healthcare professionals working in shortage areas.“Healthcare has historically been recognized as a national interest. Doctors and nurses serving underserved regions are likely to be exempt,” said immigration attorney Sukanya Raman of Davies and Associates.

Legal Challenge Filed In US Court

Meanwhile, a federal lawsuit has been filed in San Francisco challenging the fee order. The petition, backed by healthcare providers, universities, and advocacy groups called the move “chaotic and unconstitutional.” Plaintiffs argue that the measure would devastate hospitals, schools, and industries already facing worker shortages.

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The case adds to a growing list of legal challenges against recent Trump immigration policies, including the administration’s attempt to end birthright citizenship, which US courts have repeatedly blocked.

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Thus for now, the USCIS clarification has brought temporary relief to thousands of Indians studying and working in the US, even as the political and legal battle over Trump’s immigration agenda intensifies.