Washington, D.C., USA: International students preparing to shift from an F-1 visa to an H-1B are being strongly urged to avoid travelling outside the United States for the time being.
In recent years, the Optional Practical Training (OPT) program has become a favoured route for foreign graduates to gain U.S. work experience, especially for those in STEM disciplines (Science, Technology, Engineering, Mathematics). After completing OPT, securing an H-1B visa often becomes the next big milestone for many of these students.
However, a recent announcement by President Donald Trump has sparked anxiety among Indian students and professionals pursuing this transition.
The proclamation, issued last week, proposes a steep $100,000 surcharge on H-1B visa applications. This unexpected measure has led to widespread uncertainty, particularly for Indian STEM students who were recently selected through the annual H-1B lottery. Although some clarifications have been issued regarding which visa categories are impacted, much still remains unclear.
According to Atlanta-based immigration attorney Manjunath Gokare, students on F-1 visas who are already approved for H-1B status starting October 1, 2025 (FY 2026), and who have obtained a change of status with an I-797A approval notice, will automatically transition to H-1B without being affected by the proclamation. Still, Gokare advises such students to postpone any international trips for now.
For those who have received an I-797B form or consular approval of H-1B status, Gokare recommends applying for a change of status through USCIS instead of leaving the U.S. for visa stamping. “Avoid overseas travel until there is complete clarity,” he warns, further urging students to consult their employer’s HR teams and immigration lawyers before booking international travel.
Looking ahead, students currently on F-1 visas who plan to apply under the FY 2027 H-1B cap may fall under the new fee requirement unless the proclamation is revised or challenged legally.
Nistha Tripathi, founder of Scholar Strategy, notes that students on OPT applying for H-1B from within the U.S. might escape the surcharge since the new rule is targeted at “fresh visa applicants.” She clarifies:
“The $100,000 levy primarily applies to petitions filed for workers outside the U.S. seeking entry. If you are already on OPT or STEM OPT and apply for a change of status within the U.S., the fee should not apply. The challenge arises if a student leaves the U.S. after September 21, 2025, and seeks re-entry with an H-1B stamped abroad, such as in India. In such cases, the employer might need to pay the surcharge.” Tripathi advises students to delay foreign travel until their H-1B status is firmly secured.
Another area of uncertainty involves cap-exempt H-1B employers—universities, affiliated non-profits, and research institutions—who are normally not bound by the lottery system. Gokare points out that while exemptions for doctors and national interest groups may eventually be carved out, for now, the $100,000 fee still appears to apply even to these categories.
Mumbai-based immigration lawyer Poorvi Chothani echoes this concern, noting: “At present, the surcharge extends even to cap-exempt groups, though further clarifications may emerge in the coming weeks.”
