The Donald Trump administration has issued important clarifications on the new $100,000 fee introduced for the H‑1B visa, marking a key development for Indian professionals and students in the United States. The guidance from the United States Citizenship and Immigration Services (USCIS) spells out who must pay, how payments should be made, and the circumstances in which the exemption applies.

According to USCIS, the fee applies to new H‑1B petitions filed on or after 12:01 a.m. Eastern Daylight Time on September 21, 2025, where the beneficiary is outside the U.S. and lacks a valid H‑1B visa. “The Proclamation applies to new H‑1B petitions filed at or after 12.01 am 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 agency stated.

The rule also covers petitions filed at or after that time that request consular notification, port‑of‑entry notification, or require pre‑flight inspection for an individual currently in the U.S. “The Proclamation also applies if a petition filed at or after 12.01 am 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,” USCIS elaborated.

Crucially, the fee does not apply to “change of status” cases such as when a student on an F‑1 visa transitions to H‑1B without leaving the country. This clarification offers major relief for international students and workers already in the U.S. The 2024 data shows Indian nationals again dominate the H‑1B programme, and Indian students comprised around 27 % of all foreign students in the U.S.

USCIS further stated that valid H‑1B visa holders and beneficiaries with approved petitions filed before the cutoff date are not subject to the new fee. “The Proclamation does not apply to any previously issued and currently valid H‑1B visas, or any petitions submitted prior to 12:01 am eastern daylight time on September 21, 2025,” the guidance reads. It also clarifies that someone granted an amendment, change of status, or extension while inside the U.S. is exempt even if they later depart and re­enter.

Employers must still pay the fee if they file a petition requiring the fee and the applicant is later deemed ineligible. In very rare cases, the Kristi Noem‑led Department of Homeland Security may waive the fee only when no American worker is available for the role, or it is in the national interest.

USCIS has directed that the $100,000 payment must be made through pay.gov before submitting the petition. Applications lacking the required payment or exemption proof will be rejected.

This update follows a legal challenge by the U.S. Chamber of Commerce, which called the fee “unlawful and harmful to small and medium-sized businesses.” The new rules had caused widespread confusion since the proclamation’s issuance on September 19, 2025.

For Indian students and tech professionals, this is a timely relief. Indian nationals earned about 70 % of new H‑1B visas in 2024, while major U.S. tech firms relying on Indian H‑1B talent now see clearer pathways ahead.

As industries, high‑tech employers and overseas students await further updates, the clarified guidance offers both relief and caution cleaner rules now, but significant fees still loom for many overseas applicants.