The U.S. has clarified that the new $100,000 H-1B fee will not apply to international students already in the country who change status, such as from F-1 to H-1B, offering significant relief to employers and study abroad aspirants planning U.S. careers after graduation.
What’s exempt
USCIS guidance states the fee does not apply to H‑1B petitions approved for amendment, extension of stay, or change of status—including change of employer—when the beneficiary remains in the U.S., and it does not affect previously issued or currently valid H‑1B visas or petitions filed before Sept 21, 2025.
Students transitioning from F-1 to H-1B through a domestic change of status are excluded, addressing a key concern for STEM graduates on the three-year OPT pathway.
Who must pay
The $100,000 payment is required for new H‑1B petitions filed on or after Sept 21, 2025, for beneficiaries outside the U.S. without a valid H‑1B visa, and for consular processing cases filed after that date, even if the individual was in the U.S. at filing. USCIS also notes the fee can attach if a domestic change‑of‑status case is later deemed ineligible—such as status lapses or travel before adjudication—underscoring compliance risks for petitioners.
Why it matters for students
For Indian and other international students eyeing Spring/Fall 2026 roles, domestic F‑1 to H‑1B transitions remain viable without the $100k burden, though consular cases and travel timing require careful planning with employers and counsel amid ongoing litigation over the proclamation. Universities and advisors should steer graduates toward in‑country status changes and meticulous status maintenance to preserve the exemption pathway.
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