The Trump administration’s decision to impose a supplemental fee of $100,000 on new H-1B visa applications filed after September 21, 2025, has sparked deep uncertainty among foreign workers and students in the United States.
The order makes it clear that the fee applies to new visa applications and consular processing abroad. But it does not clarify how the rule affects individuals already in the U.S. who apply for a “change of status” to H-1B — for example, students on F-1 visas or those working on Optional Practical Training (OPT).
Typically, a change of status allows applicants to begin working on H-1B without leaving the country for visa stamping. However, the new proclamation mainly refers to restrictions on “entry” and “issuance of visas,” leaving immigration experts unsure whether it also covers status changes filed domestically.
Lawyers say this ambiguity creates a legal grey area. Some argue the $100,000 fee should not apply to applicants already inside the U.S., since they are not technically “entering” on H-1B. Others, however, warn that the absence of a clear exemption means change-of-status cases could still fall under the fee requirement.
The biggest concern arises when approved H-1B holders travel abroad. Even if their status change is processed without the fee, they may face issues re-entering the U.S., where consular or border officials could demand proof of payment. Failure to show it might even lead to denial of entry.
The U.S. Citizenship and Immigration Services (USCIS) has clarified that existing H-1B visas and applications filed before September 21 will remain valid, and that the proclamation is prospective. But it has not explicitly addressed change-of-status applications, leaving employers and visa holders in limbo.
As a result, employers, universities, and immigration advisers are already warning students, recent graduates, and current H-1B holders to avoid international travel until the government issues clear guidance.