A wave of anxiety swept through the Indian student and tech professional communities last month with news of a potential $100,000 fee associated with H-1B visas. This pronouncement from Washington had put many career aspirations and educational plans on hold. Thankfully, the U.S. Citizenship and Immigration Services (USCIS) has now released a clarifying statement that significantly reduces the impact of this fee.
The agency has confirmed that the $100,000 fee, mandated by a September proclamation, is applicable only to new H-1B petitions filed on behalf of beneficiaries who are located outside the United States and do not currently hold a valid H-1B visa. This critical detail means that a large number of individuals, including many Indian students currently in the U.S. on F-1 visas, will not be required to pay this substantial fee when changing their status to H-1B.
Furthermore, the USCIS has clarified that the proclamation does not affect amendments, extensions, or re-entries for individuals who are already H-1B visa holders. This ensures continuity for those already working in the U.S. on this visa and allows for seamless return travel. The agency explicitly stated that petitions submitted before the effective date and existing, valid H-1B visas are unaffected.
This clarification is of immense importance for Indian nationals, who are a dominant group among international students in the U.S. and hold a majority of H-1B visas. The USCIS’s precise definition of the fee’s applicability provides much-needed certainty for both aspiring and current H-1B holders. While the fee remains a reality for specific categories of foreign applicants, the overall reach of the $100,000 charge is now much narrower than initially feared, allowing many to continue pursuing their professional goals in the United States.