Thousands of Indian students and tech professionals faced uncertainty last month following a new U.S. immigration rule that initially appeared to impose a $100,000 fee on H-1B petitions. This sparked widespread concern, leading employers to halt applications and students to postpone their plans. However, the U.S. Citizenship and Immigration Services (USCIS) has now provided crucial clarification, significantly narrowing the scope of the controversial fee.
The agency confirmed that the new fee, stemming from a September proclamation, primarily targets fresh H-1B petitions filed for individuals residing outside the United States and lacking a valid H-1B visa. This means many already in the U.S. on other visa types, including numerous Indian students transitioning from F-1 status to work visas, can switch to H-1B without incurring the substantial charge.
The clarification also benefits existing H-1B visa holders. Amendments, extensions, and re-entries for those already holding an H-1B visa will not be subject to the $100,000 fee. The USCIS stated that previously issued and valid H-1B visas, or petitions submitted before the September 21, 2025, deadline, remain unaffected. This assurance has provided much-needed relief to employers concerned about potential disruptions to their hiring and talent acquisition strategies, especially given the significant presence of Indian professionals in the U.S. tech sector.
While the rule’s reach is now better defined, employers must still adhere to specific filing requirements. Petitions filed without proof of exemption will be rejected, and the fee must be paid in advance. Limited exemptions may be granted by the Homeland Security Secretary under exceptional circumstances. The updated interpretation brings a sense of relief to many, though the H-1B application process remains a closely monitored pathway.
