Good News for Students: USCIS Clarifies $100,000 H-1B Visa Fee Rules

The United States Citizenship and Immigration Services (USCIS) has released new guidance about the $100,000 H-1B visa fee, clearing up all confusion. This announcement has come as a huge relief for international students who are already studying in the US. Many students were worried they would have to pay a massive fee to change their visa status after graduation. However, USCIS has confirmed that this rule mainly applies to applicants outside the United States, not to students already in the country.

What the New Rule Says?

The presidential proclamation, issued on September 19, 2025, introduced a $100,000 fee for certain H-1B visa petitions. This created confusion among employers and students alike. USCIS later clarified that the new fee will apply only to new petitions filed after September 21, 2025, for individuals outside the US who do not currently hold a valid H-1B visa.

This means anyone applying for the first time from another country must pay this fee. However, students who are already inside the US on a valid visa such as an F-1 student visa and want to change their status to an H-1B visa are exempt from paying the $100,000.

Why This Is Beneficial to Students

This clarification is especially good news for students who are studying in the US and plan to work there after completing their education.

Financial relief: Many international students spend thousands of dollars on tuition fees, accommodation, and living expenses. Avoiding an extra $100,000 fee is a huge financial advantage.

Encouragement for career growth: Students can now confidently apply for jobs and change their visa status to H-1B without worrying about additional financial pressure.

Smooth transition from study to work: Since the new rule does not affect those already in the US, students can smoothly move from an F-1 student visa to an H-1B work visa without facing new charges.

Why This Is Not a New Rule?

Many people believed this $100,000 fee rule was newly created, but in reality, it is not new. It had already been mentioned earlier in the presidential proclamation, but several people misunderstood its scope. Hence few took the issue to court for clarification.

After reviewing the case, USCIS made it clear that the rule always applied only to applicants outside the United States. Those inside the country were never supposed to pay the fee, but this detail was not clearly understood by everyone at first. Now, the confusion has been officially cleared up.

Who Still Has to Pay the Fee?

The USCIS stated that the $100,000 payment must be made only by:

Employers filing new H-1B petitions after September 21, 2025, for workers outside the US.

Applicants who do not have a valid H-1B visa and are applying for the first time.

However, current H-1B holders or students changing their visa status within the US do not need to pay this fee.

Rare Exceptions:

Exceptions to the $100,000 fee are very rare. Only the Secretary of Homeland Security can approve them in special cases, such as when a worker’s role is vital for national interest and no American is available for that job.