In a big relief for international students, the U.S.
Citizenship and Immigration Services (USCIS) has announced that those already living in the U.S. on F-1 student visas won’t have to pay the new $100,000 H-1B visa fee when changing their visa status.
This exemption applies to anyone who is already in the country and applying for a status change, extension, or amendment—for example, students switching from F-1 to H-1B or employees changing companies.
The “Loophole” Debate
The clarification has created a buzz among immigration lawyers and tech professionals, especially in the Indian community.
Immigration attorney Charles Kuck described it as a “massive loophole,” explaining that anyone who enters the U.S. on a temporary visa—such as F-1 (students) or B-1/B-2 (visitors)—can avoid the high fee if they change their status within the country.
Indian-origin tech professional Deedy Das called it “huge immigration news,” noting that the new rule seems aimed at large outsourcing firms like Wipro, Infosys, TCS, Cognizant, and HCL, while protecting genuine international students who studied in the U.S.
Why This Policy Makes Sense
Immigration experts argue that this isn’t a loophole—it’s a deliberate policy move.
The goal is to discourage bulk hiring of foreign workers by outsourcing companies while supporting skilled graduates who studied in the U.S.
By exempting F-1 students from the massive fee, the government hopes to retain top talent trained in American universities.
Analysts believe this step could help the U.S. regain its appeal among international students, who in recent years have favored countries like the UK, Germany, and Ireland due to rising visa costs and uncertainty.
Easier Transition from OPT to H-1B
Under the Optional Practical Training (OPT) program, F-1 students can work in the U.S. for up to a year after graduation—three years for STEM graduates.
When these students switch to an H-1B visa, their employers will only need to pay the regular processing fee, not the $100,000 surcharge.
This makes the shift from student to professional smoother and far more affordable, strengthening the pathway for talented international graduates to stay and work in the U.S.
