New Delhi: A new clarification by the United States Citizenship and Immigration Services (USCIS) offers a significant relief for Indian students, tech workers and others on certain visas, after confusion over a controversial fee associated with the H‑1B visa.
The fee in question emerged from a presidential proclamation (issued September 19, 2025) that introduced a roughly US $100,000 surcharge on H-1B visa applications filed on or after September 21, 2025. That sum — equivalent to about Rs 89 lakh at the time of reporting — caused widespread concern among companies and visa applicants, especially from India.
What the clarification says
USCIS clarified that the surcharge does not apply in some major cases, including “change of status” filings. Specifically:
The proclamation applies only to new H-1B petitions filed after 12:01 a.m. EDT on September 21, 2025, for beneficiaries outside the US without a valid H-1B visa.
It also covers petitions filed at or after that date which request consular notification, port-of-entry notification, or pre-flight inspection for someone in the US.
Importantly, for those already in the US on a valid visa (for example F‑1 visa students, L‑1 visa intra-company transferees), or those changing status within the US (such as F-1 to H-1B), the surcharge will not apply.
Why this is a relief for Indian students and techies
For Indian nationals studying in the US or working in technology roles on change-of-status arrangements, the clarification is particularly meaningful:
Many Indian students on F-1 visas hope to transition to H-1B status after completing studies. Under the clarified rule, they will not be hit by the $100,000 fee if the transition is a status change within the US.
Tech professionals already working in the US under L-1 or other visas, or those transferring within a company, now have clarity that they will not face the extra surcharge.
Employers recruiting or retaining Indian tech talent via H-1B change-of-status are relieved that this significant cost won’t apply in many cases — reducing uncertainty for both worker and firm.
What remains
However, for applicants outside the US who petition for an H-1B and lack a valid H-1B visa, and for those subject to consular or port-entry notifications post-September 21, 2025, the surcharge still stands. The proclamation’s scope is limited in this way.
