Confusion over H-1B visa fees cleared! Trump offers major relief to Indian students and tech experts

The Trump administration has provided significant relief to Indian students regarding H-1B visas (File Photo)

The Trump administration has issued clear guidelines regarding the H-1B visa fee waiver. There was considerable confusion regarding the new visa fee, which has been resolved after the announcement. This announcement is bringing significant relief to foreign students and technical professionals.

Washington : The Trump administration has made a major announcement regarding H-1B visa fees, bringing significant relief to foreign students and technical experts traveling to the United States. In September, President Trump increased the H-1B visa fee to $100,000 (approximately ₹8.9 million). However, no information was provided regarding the fee waiver, which created confusion. Now, the Trump administration has clarified the situation regarding the visa fee waiver.

The Trump administration has clarified who will be required to pay this fee, the payment process, and how to apply for a waiver. It has also clarified the status of this visa fee waiver.

The Trump administration has clarified who will be required to pay this fee, the payment process, and how to apply for a waiver. It has also provided significant relief to students on this visa fee.

The US Citizenship and Immigration Services (USCIS) said in a statement, “This declaration applies to new H-1B applications filed on 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 hold a valid H-1B visa.”

USCIS further stated, “This declaration also applies to applications filed on or after 12:01 a.m. on September 21, 2025, that request consular information, port of entry information, or pre-flight screening for a foreigner in the United States.”

Major relief for students and tech experts

The biggest relief is that USCIS has clarified that this fee will not apply to cases of “change of status”—that is, when a person changes from one visa type to another without leaving the country, such as from an F-1 student visa to an H-1B visa. The fee waiver will not apply in this case.

Trump implemented the new H-1B fee hike on September 19. The fee hike has sparked considerable controversy. This created confusion among companies and professionals because the previously issued directives did not clarify the fee waivers, the process for obtaining the waivers, and other requirements.

The Trump administration’s recent clarification is a major relief for Indian students, who constitute the largest group of foreign students in the United States. This will also benefit tech experts who migrate to the United States in large numbers from India. Indians received 70% of H-1B visas issued by the United States in 2024.

According to a report by the US Immigration and Customs Enforcement (ICE), Indian students comprised 27% of all foreign students in the United States in 2024, an increase of 11.8% compared to the previous year.

USCIS has also clarified that those who already hold H-1B visas or whose applications have already been approved can travel to and from the United States without restrictions.

The agency stated, “This announcement does not apply to any previously issued and currently valid H-1B visas or any applications filed before 12:01 a.m. on September 21, 2025.” This declaration also does not apply to applications filed on or after 12:01 a.m. on September 21, 2025, seeking an amendment, status change, or extension of stay, provided the individual is already residing in the United States.

USCIS also added that if an individual subsequently leaves the United States and returns, this fee will not apply.

Fee Waivers Approved in Rare Cases

USCIS stated that Homeland Security Secretary Kristi Noem may grant this fee waiver only in “extremely rare circumstances,” such as if no American workers are available for the job or if the foreigner’s work is in the national interest.

USCIS also clarified that this $100,000 fee must be paid through the pay.gov website and must be paid before submitting the H-1B application.

An application lacking proof of the waiver will be rejected by USCIS. The clarification comes as the US Chamber of Commerce has filed a lawsuit against the Trump administration over the new H-1B fee. The business advocacy group has filed the lawsuit, saying the increased visa fees are “illegal and harmful to small and medium-sized businesses.”