New York City, NY, USA: The sudden increase in H-1B filing fees under the Trump administration caused significant concern for international students, particularly those aiming to switch from an F-1 student visa to an H-1B work visa. Fortunately, there’s a small measure of relief available.
Change of Status Applicants Spared
A recent statement from a Designated School Official (DSO) clarified that students currently in the United States applying for a Change of Status (COS) to H-1B are not required to pay the newly announced $100,000 fee. This announcement has provided a temporary sense of reassurance for many F-1 visa holders.
DSO Provides Guidance
According to the DSO, she submitted five COS applications exempt from the cap after the new policy was issued and only had to pay the regular filing charges. She noted that the $100,000 fee is intended solely for new H-1B petitions filed by individuals outside the U.S. who need visa stamping at consulates abroad.
Cap-Exempt Applications Offer Optimism
Students from India emphasised that these cases were cap-exempt H-1B petitions, generally linked to universities, research centres, or non-profit organisations. If these filings continue to be accepted without the extra fee, other in-country COS requests may also remain unaffected.
Minor Relief Amid Ongoing Legal Disputes
This clarification brings a small sense of relief to F-1 students currently in the U.S. Nonetheless, the overall situation is still evolving. Multiple organisations have challenged the fee hike in court, questioning the legality of the White House’s directive.
Students Advised to Remain Vigilant
While F-1 students can feel slightly reassured, caution is still necessary. U.S. immigration policies under the Trump administration have often shifted rapidly. Those considering a COS application should consult their university’s international office or a qualified immigration attorney before proceeding.