US Visas: New H-1B rules won’t apply to existing visa holders, including students
Virendra Pandit
New Delhi: The US has announced that the new rules of H-1B visas, such as visa fee of USD 100,000, will not apply to the existing visa holders.
This new clarification, issued by the United States Citizenship and Immigration Services (USCIS) on applicability of the recently-announced H-1B fee, could give hope to the Indian student community, the media reported on Tuesday.
It could potentially benefit nearly 1.7 million people who have been issued F1s in the five years from 2020 to 2024.
According to reports, college graduates on F-1 student status appear to be covered by provisions in the note that says that those already in the US will not be subject to the USD 100,000 charge as change of status does not attract the fee.
The fresh guidelines issued by USCIS on Monday night, set out the specific categories of applicants who are subject to the fee and those exempt.
“The Proclamation also does not apply to a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, that is 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.”
Immigration lawyers said this provision grants exception to those already holding any other category of visas such as F-1 (students) or L-1 (other foreign workers) who have applied or will apply for H-1B visas. They will not have to pay the USD 100,000 fee, they add.
However, USCIS said that if that person is “ineligible for a change of status or an amendment or extension of stay” i.e. their existing visa is not valid in any way or if they leave the US prior to adjudication of a change of status request, the fees will still apply.
Experts noted that the new clarifications are still silent on the ‘change in employer’ status. It is still unclear if the new fee will apply to H-1B holders who change employers since a new employer is counted as a new petition.
The USCIS also clarified that the new fee will not impact existing H-1B holders.
“The Proclamation applies to new H-1B petitions filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa,” it said.
It does not apply to any “previously issued and currently valid H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on September 21, 2025,” it added.
The current H-1B visa holders won’t be prevented from leaving and entering the US.
“The Proclamation does not prevent any holder of a current H-1B visa, or any alien beneficiary following petition approval, from traveling in and out of the United States,” it said.
