In a major update to the $100,000 H-1B visa fee proposal, the US government clarified that the fee will not apply universally. According to new guidance released on Monday, October 20, the fee will only affect new H-1B applicants applying from outside the United States.
This means that existing H-1B holders, foreign nationals currently on student visas, and those already in the country changing their immigration status will not be subject to the additional charge.
The clarification comes as a relief to employers, visa sponsors, and skilled foreign workers amid the ongoing debate over H-1B visa regulations.
What does the new regulation clarify?
“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 stated in the update. “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.”
One key takeaway from this announcement is that the $100,000 fee will not apply to individuals changing their status.
This means foreign nationals transitioning from one visa category, such as from the F-1 student visa to the H-1B specialty occupation status, will be exempt from the additional cost.
‘I’m now positive on this rule!’
Netizens posted their opinion on the new regulation. A user noted, “No international student will now be interested anyway. Too much confusion and hate already created. See the statistics of international students arriving this year.”
“That’s a crucial clarification! I was seeing a lot of panic about this $100k fee, especially among recent grads on OPT. Good news for the domestic student talent pool, noted another.
“Big win for students! Honestly, immigration policies keep levelling up. Maybe next they’ll let us pay in pizza slices,” added a user.
“They want to say student is the route for talent immigration, so the Indians will pump in their wealth into US universities,” claimed another user.
“This is the way to stop the abuse,” claimed a netizen. “Giving H1B Visa to an experienced person is better than letting welcome hoardes of students on f1 ,they can work for stem OPT for three years then can apply for h1b after ,so what is the benefit that rule bought to Americans,” added a user.
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