In what is seen as a big relief for existing US visa holders, including Indians, the United States Citizenship and Immigration Services (USCIS) has clarified that recent international college graduates who are sponsored for H-1B status while in the US won't be subject to a hefty $100,000 fee imposed on the programme by the Donald Trump administration last month.

The controversial presidential proclamation over the $100,000 H-1B visa fee, issued by Team Trump on September 19, 2025, has left employers and visa holders confused because previous guidance from US agencies failed to answer many questions.Team Trump's Remarks
A "change of status"—a situation in which an individual switches from one category to another without leaving the country, such as an F-1 student switching to H-1B status—or requesting an extension of stay within the United States would not be subject to the high charge, according to guidance issued by USCIS on October 20.

The government did clarify, though, that the charge would apply to petitions filed for workers who are not in the US or who must leave the country before their petition is decided.Current holders of H-1B visas would also not be prevented from entering and departing the country, the USCIS said.

"The Proclamation applies to new H-1B petitions filed on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa, filed at or after 12:01 a.m. eastern daylight time on September 21, 2025," the USCIS stated.

"The Proclamation also applies if a petition for consular notification, port of entry notification, or pre-flight inspection for an alien in the United States is filed at or after 12:01 a.m. eastern daylight time on September 21, 2025."
In order to pay the $100,000 petition fee stipulated in the proclamation of September 19, the agency also set up an online site.

The Trump administration made no mention of approving blanket waivers for any responsibilities. However, it stated that if an American is not available to fill a position and the presence of a worker is in the national interest, companies may request an exception.

Relief for Indian Students in the United States
The Trump administration has made an effort to clarify the ambiguity around the H-1B visa fee for the first time since the declaration with the Monday guideline.

Since it states that individuals who are already in the US would not be liable for the $100,000 fee, it seems to cover college graduates on F-1 student status as well as workers on L-1 visas, including Indians.
Multinational corporations can move workers from their overseas headquarters to their US operations with an L1 visa, a non-immigrant US work permit. For international students who want to enrol full-time in an approved school in the US, an F-1 visa is a non-immigrant visa.
According to Team Trump, anyone wishing to change their visa status will not be charged the $100,000 H-1B visa cost. Consequently, those who currently hold a US visa will not be required to pay the cost.

The September proclamation, which targeted foreign employment in the United States, was President Donald Trump's most disruptive action to date. The fee, according to the government, would combat program misuse, which is prevalent in the tech industry. Separate legal challenges, however, have cautioned that it would severely impact a number of US companies that would otherwise be unable to meet their employment demands.Significant uncertainties remained, such as how student visa holders would be affected and whether any industries or occupations would be exempt from the cost, despite the administration's prompt clarification that the tax would only apply to new H-1B petitions.