In September, an abrupt US policy change rattled H-1B visa holders, only for subsequent exemptions to alleviate concerns. The United States Citizenship and Immigration Services has now clarified that the stringent $1,00,000 fee imposed last month will not apply to most existing visa holders or recent graduates moving to H-1B status.
Who escapes the fee?
The exemptions cover current H-1B holders applying for renewals or extensions, F-1 international students seeking change of status to H-1B from within the US, L-1 intra-company transferees filing for H-1B change of status, workers already in the US on valid non-immigrant visas pursuing H-1B, and 2025-26 H-1B lottery selectees currently in the country.
Travel does not impact the status of existing H-1B holders or those with approved change-of-status petitions. The fee, however, applies to petitions filed on or after 12.01 am ET on September 21, 2025, by individuals outside the US without a valid H-1B visa or those opting for consular processing.
Relief for Indian students on OPT path
F-1 visa students typically complete Optional Practical Training (OPT) before applying for H-1B skilled work visas. US data reveals 4,20,000 Indian students enrolled on F-1/M-1 visas in 2023–24, with around 98,000 choosing OPT. The new advisory offers significant relief to these students. Yet, the F-1-OPT-H-1B route faces criticism from certain senators who claim international students are displacing American workers.
Broader challenges persist
Additional hurdles include rigorous social media screening and fluctuating policies. Leading US universities confront a proposal to limit international undergraduate enrollment to 15 percent, potentially resulting in 1,50,000 fewer foreign students and $7 billion in lost revenue this fall. Policy unpredictability remains the primary worry for those chasing the American dream.
Automation vs immigration debate
Amazon intends to eliminate 6,00,000 US jobs and replace them with robots, possibly sidestepping criticism as a key sponsor of the White House ballroom. Such contradictions highlight the irony: accusing foreign workers of job theft loses credibility amid widespread automation. As mid-term elections approach, scapegoating outsiders may resonate with MAGA supporters, diverting attention from fundamental transformations in employment.
