Separating Wheat From Chaff: What You Need to Know About New Rules Concerning H-1B and F-1 Visas
There’s been a lot of buzz around the recent H-1B visa changes—especially the $100,000 fee requirement announced in the latest proclamation.
Press Secretary to White House & USCIS have both confirmed the new H-1B $100k fee rule will NOT affect existing H-1B holders.
Context: On September 20th, the White House published a Proclamation stating that employers need to pay a $100k fee for H-1B applications. Since then, there’s been a ton of chaos across the internet — and in people’s lives.
→ People in India (and elsewhere) trying to book last minute flights (which drove up flight costs!).
→ People who had travel plans canceling it fearing they can’t get in again.
→ Students and workers on other visas wondering what it meant for them.
Hopefully, the following gives *some* solace.
Both the White House Press Secretary and USCIS have confirmed that the Proclamation will:
→ Impose a one-time fee of $100k, and not an annual fee.
→ Not impact anyone who is already on H-1B and out of country.
→ Only kick into effect for new visas in 2026 lottery, and not renewals/current visa holders.
Many students on F-1 visas (including OPT) are worried that this fee applies to them.
Here’s the reality:
Current F-1 students and OPT holders inside the U.S. are not subject to this fee.
The rule mainly applies to new H-1B petitions filed after Sept 21, 2025, especially for workers outside the U.S. seeking entry.
Existing visa holders and change-of-status cases inside the U.S. remain unaffected in most cases.
So, if you are a current student or on OPT, your transition to H-1B is still possible under the existing framework. The new fee is not a blanket requirement for everyone.
Key takeaway: Don’t get misled by the myth. Always rely on official USCIS/CBP guidance.
Major clarification from Joseph Edlow, Director of USCIS just came through:
This guidance applies to H-1B employment-based petitions filed after 12:01 AM ET on September 21, 2025.
This proclamation only applies prospectively to petitions that have not yet been filed.
The proclamation does not apply to aliens who:
1. are the beneficiaries of petitions that were filed prior to the effective date of the proclamation, are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B non-immigrant visas.
2. All officers of United States Citizenship and Immigration Services shall ensure that their decisions are consistent with this guidance.
3. The proclamation does not impact the ability of any current visa holder to travel to or from the United States.
The proclamation allows Individuals & the entire company to receive exemptions from the $100,000 fee if they can articulate a reason for a National Interest Exemption.
The Department of Homeland Security (DHS) may grant NIEs on a case-by-case basis for workers, companies, or industries deemed critical to the national interest, though specific criteria and procedures are still unclear.
#H1B visa holders inside the U.S:
There is a lot of noise & uncertainty about what happens next after this $100,000 H1B fee policy unveiling late afternoon on September 20, 2025.
This was intentional & pre-planned. September 20th is the first day that someone with a new H-1B can enter the U.S. for a 10/1 start date. The timing of the announcement is not a coincidence.
There will be class action lawsuits; likely as early as this week. This tactic is the same as many others where the Notice & Comment period for rule making is discarded. The administration must know they will get sued, but they are seemingly banking on the chaos & the harm that will be done in the meantime!
Amy Ghosh is a Los Angeles-based Attorney at Law, specializing in Immigration Law, Family Law, and Employment Law, among others. She can be reached at: amygesq@gmail.com