International students spared from $100,000 H-1B visa fee after new US guidance

In new guidance issued on Oct. 20, the U.S. Citizenship and Immigration Services (USCIS) said the steep fee hike would not apply to "change of status" cases, including F-1 students switching to H-1B skilled worker visas. The clarification followed confusion sparked by a Sept. 19 presidential proclamation that dramatically raised the H-1B visa fee from around $2,000–$5,000 to $100,000, Pie News reported.

According to USCIS, the new fee will only apply to new H-1B petitions for applicants outside the U.S., filed on or after Sept. 21, 2025. Those seeking an extension, amendment or change of status within the country will be exempt, as will petitions for a change of employer, CBS News reported. Individuals already in the U.S. on approved H-1B visas will also remain unaffected if they travel abroad and return.

Immigration law firm Fragomen noted that the fee for workers continuing employment with the same company will depend on whether the petition includes an extension of stay or a consular notification.

The clarification comes amid mounting backlash against the six-figure visa fee, which employers, universities and advocacy groups say could devastate America's ability to attract global talent. Tech giants like Amazon, one of the nation's largest H-1B employers, warned that the increase could deter hiring and push innovation abroad.

The U.S. Chamber of Commerce last week announced it would sue the Trump administration, calling the policy unconstitutional. That lawsuit joins another filed Oct. 3 by a coalition of labor unions, healthcare groups, and universities, which described the fee as "catastrophic."

The new guidance offers a reprieve for thousands of international students in the U.S., many of whom aim to move from Optional Practical Training (OPT) under F-1 status into long-term H-1B roles. Still, uncertainty remains as the government pursues a broader overhaul of the H-1B system to prioritize higher-paid, higher-skilled workers.

That proposal, now open for public comment until Oct. 24, has drawn criticism from education leaders who say it would drastically reduce the number of international graduates entering the U.S. workforce. In a NAFSA survey, 53% of postgraduate students said they would not have chosen a U.S. institution if H-1B eligibility were tied to salary levels, while a similar share of PhD students said they might leave the U.S. altogether under such rules.