College students in the U.S. on F-1 visas who are changing to H-1B work status won’t have to pay the new $100,000 visa fee announced by the Trump administration last month, according to new guidance from U.S. Citizenship and Immigration Services (USCIS).
The clarification, posted Monday on the agency’s website, says the fee will not apply to any H-1B petition “requesting an amendment, change of status, or extension of stay for an alien inside the United States where the alien is granted such amendment, change, or extension.” That means foreign graduates already living in the U.S. on student visas (many of whom remain after graduation to work under Optional Practical Training (OPT) programs) can move to H-1B status without paying the steep fee.
The $100,000 charge, announced in a surprise Sept. 19 White House proclamation, was one of the Trump administration’s most sweeping attempts to curb employment of foreign professionals. The administration said the measure was designed to curb “abuse” of the H-1B visa program, which allows U.S. employers to hire skilled foreign workers, especially in technology and healthcare sectors.
The move drew immediate backlash from business leaders, universities, and worker advocates, who said the fee would devastate industries already struggling to fill critical positions. At least two lawsuits have been filed against the administration, including one led by the U.S. Chamber of Commerce.
“This guidance confirms what employers and schools have been urging for weeks,” said The U.S. Chamber of Commerce Executive Vice President Neil Bradley). ““This new fee would slam the door on the high-skilled talent American businesses need to compete globally and meet workforce demands here at home.”
USCIS said the fee applies only to new H-1B petitions filed for workers outside the United States or for those who must leave the country before their applications are processed. The agency has launched an online payment system for employers and an email address for exemption requests but has not yet issued any blanket waivers.
Healthcare groups and some Republican lawmakers have asked the administration to exempt certain occupations, citing fears of staffing shortages in hospitals and nursing facilities.A coalition of hospitals, universities, and religious organizations that sued over the fee said Monday’s clarification doesn’t go far enough.
“The administration has conceded that its policy would have caused immediate harm to workers already here,” the coalition said in a statement. “But it’s still trying to impose a $100,000 price tag on immigration without Congress’s authority. Our lawsuit will continue until this proclamation is blocked.”
H-1B visas have long been a pipeline for international graduates of U.S. universities, including those studying science, technology, engineering, and math (STEM). At California State University, San Bernardino, international student advisers said they’ve been fielding questions from concerned graduates about how the new rule could affect their career plans.
“This decision offers some relief to our students who’ve worked hard to build a future here,” said CSUSB International Programs Director Elena Alvarez. “But the uncertainty surrounding immigration policy still weighs heavily on them.”
USCIS has not said whether the administration plans to revise or rescind the proclamation in light of the lawsuits. For now, experts say students already in the U.S. can breathe easier — but new applicants abroad still face a steep financial barrier.