Washington: A jolt hit 1000’s of Indian college students and tech professionals final month. A brand new rule from Washington put a price ticket of $100,000 on the American dream. Employers froze purposes, college students delayed plans and recruiters referred to as legal professionals in panic.
America Citizenship and Immigration Providers (USCIS) has now cleared the air. The company confirmed that the brand new payment below Donald Trump’s September proclamation applies solely to recent H-1B petitions filed for folks outdoors the nation.
The company’s late-night assertion learn, “The Proclamation applies to new H-1B petitions filed at or after 12:01 am jap daylight time on September 21, 2025, on behalf of beneficiaries who’re outdoors the USA and should not have a sound H-1B visa.”
The clarification narrows the scope of the order. The $100,000 payment (practically Rs 89 lakh in Indian forex) targets solely these with no legitimate visa who apply from overseas after September 21.
A second line within the assertion added that the payment additionally covers petitions requesting consular notification, port-of-entry clearance or pre-flight inspection. In easy phrases, anybody searching for visa stamping at a US embassy or border checkpoint will fall below the rule.
However there may be aid. The company confirmed that these already inside the USA below one other visa can shift to H-1B with out paying the $100,000. This consists of 1000’s of Indian college students switching from F-1 scholar standing to work visas.
The clarification calmed many employers who feared the rule might halt tech hiring or delay standing adjustments for months. The order issued on September 19 had left many questions open, triggering confusion throughout campuses and company workplaces.
For Indian college students, the timing mattered. They continue to be the biggest group of worldwide college students in the USA. Based on the 2024 report by ICE’s Scholar and Alternate Customer Programme, Indians made up 27 p.c of all overseas college students (an increase of practically 12 p.c over the earlier 12 months).
The brand new interpretation additionally protects Indian professionals, who maintain about 70 p.c of all H-1B visas issued in 2024.
The USCIS has now confirmed that the payment is not going to apply to amendments, extensions or re-entries for present H-1B holders. These travelling overseas can return with out paying once more. Their accepted petitions keep legitimate.
The company mentioned, “The Proclamation doesn’t apply to any beforehand issued and at the moment legitimate H-1B visas or any petitions submitted previous to 12:01 am jap daylight time on September 21, 2025.”
It additional added, “The Proclamation additionally doesn’t apply to a petition filed at or after 12:01 am jap daylight time on September 21, 2025, that’s requesting an modification, change of standing, or extension of keep for an alien inside the USA.”
One other line from the company sealed the peace of mind, “Additional, an alien beneficiary of such petition is not going to be thought-about topic to the fee if she or he subsequently departs the USA and applies for a visa primarily based on the accepted petition and/or seeks to reenter the USA on a present H-1B visa.”
The USCIS defined that any employer submitting with out proof of exemption will see the petition rejected. The fee should be made upfront via pay.gov, the official authorities portal for visa-related charges.
Uncommon exemptions will come instantly from Homeland Safety Secretary Kristi Noem. These will apply in “terribly uncommon circumstances”, akin to when no American employee can fill the position or when the employment instantly serves nationwide curiosity.
The clarification arrived after the US Chamber of Commerce filed a lawsuit in opposition to the Trump administration, calling the payment “illegal and dangerous to small and medium-sized companies”.
For now, the message from Washington is obvious. The $100,000 rule is actual, however its attain is smaller than feared. For Indian college students and techies, the trail to the H-1B dream stays open, simply narrower, pricier and watched extra carefully than ever.