Explained: $100K H-1B fee exempt for F-1 students; how to switch status

The United States authorities introduced a $100,000 interest for H-1B visa applications done a statesmanlike proclamation connected September 19, 2025. The interest applies to caller H-1B petitions filed connected oregon aft September 21, 2025, for individuals extracurricular the United States who bash not clasp a valid H-1B status.

The nonsubjective of this interest is to modulate entree to the H-1B program, which allows employers to prosecute skilled overseas workers successful technology, engineering, and different high-demand sectors.Following the announcement, the US Citizenship and Immigration Services (USCIS) issued guidance clarifying which applicants are required to wage the fee. The bureau stated that the interest does not use to individuals already successful valid non-immigrant presumption successful the United States, including students connected F-1 visas, professionals connected L-1 intra-company transportation visas, and existent H-1B visa holders. This exemption applies erstwhile applying for a alteration of presumption to H-1B oregon renewing an existing H-1B visa.

The guidance provides alleviation to planetary students and different visa holders acrophobic astir the outgo and accessibility of employment-based visas.

Who volition really wage the $100,000 fee

USCIS has made it wide that the $100,000 interest targets caller applicants abroad. It applies to caller H-1B petitions filed by individuals extracurricular the United States. Applicants who are already successful the state connected valid F-1, L-1, oregon H-1B visas are exempt erstwhile filing a petition for a alteration of presumption wrong the United States.

Employers who prosecute overseas workers from extracurricular the state are required to wage the interest unless they suffice for a uncommon waiver. Waivers are disposable lone erstwhile the presumption is considered indispensable to the nationalist interest, nary qualified US idiosyncratic is disposable to capable the role, and paying the interest would importantly impact US interests. USCIS support for these waivers is expected to beryllium highly limited, and astir caller applicants from extracurricular the United States volition person to pay.The argumentation does not use to those already employed successful the United States who are extending their H-1B presumption oregon changing from different category, specified arsenic F-1 to H-1B. This ensures that the regularisation chiefly impacts caller overseas petitions, not planetary graduates oregon professionals already portion of the US workforce.

Why F-1 students successful the US are exempt

Students successful the United States connected F-1 visas, whether finishing their degrees oregon moving connected Optional Practical Training (OPT), tin use for an H-1B done the change-of-status process without paying the $100,000 fee.

This means that 1 tin determination from being a pupil to a nonrecreational idiosyncratic without facing the caller cost. The exemption besides covers students connected STEM OPT extensions. These extensions let graduates successful science, technology, engineering, and mathematics to proceed moving successful the US for up to 3 years aft completing their studies.While the H-1B petition is being processed, students connected F-1 presumption tin support moving if they are connected OPT oregon STEM OPT.

This makes it easier to modulation smoothly from pupil beingness to nonrecreational work. They bash not person to permission the US oregon wage the caller interest conscionable due to the fact that they are switching from F-1 to H-1B.This regularisation helps students program their careers without worrying astir unexpected costs. Universities and employers besides benefit. They tin prosecute skilled graduates without further fiscal burdens. For students, it means you tin absorption connected gathering your career, gaining experience, and staying successful the US legally portion your enactment visa is processed

When the interest could inactive impact F-1 students

There are definite cases successful which F-1 students mightiness inactive beryllium required to wage the $100,000 fee. These include:

In these cases, the pupil would beryllium considered a caller applicant from extracurricular the US and would person to wage the fee.

To enactment exempt, students should support their F-1 presumption valid and enactment successful the United States portion their H-1B petition is being processed.

How students connected F-1 visa tin benefit

The exemption offers a precise beardown fiscal and vocation vantage to planetary students successful the US. Those with an F-1 presumption tin modulation smoothly into the US workforce nether H-1B without paying the caller fee. Moreover, students connected OPT oregon STEM OPT tin proceed their employment portion their H-1B petition is processed.Employers, peculiarly successful exertion and probe sectors, besides basal to payment by hiring from wrong the US endowment excavation without incurring further costs. The USCIS argumentation ensures that the $100,000 interest chiefly targets caller overseas applicants, not graduates oregon professionals already integrated into the US acquisition and employment system.By protecting existent students and workers from the added expense, the exemption helps prolong the country’s pipeline of skilled planetary endowment portion maintaining oversight of overseas petitions.

The takeaway

F-1 students already successful the US tin support their vocation plans connected way without being affected by the caller H-1B fee. By keeping their F-1 presumption valid and applying for a alteration to H-1B, they tin commencement moving without paying extra. The USCIS guidance makes wide that the $100,000 interest chiefly applies to caller applicants from extracurricular the US Students and professionals successful the state tin proceed their jobs and vocation paths. Staying connected apical of visa rules is important to marque definite they enactment eligible for the exemption.