The United States government recently announced a significant $100,000 fee for H-1B visa applications, effective from September 21, 2025. This new cost is aimed at regulating access to the H-1B program, which enables U.S. employers to hire skilled foreign professionals in critical fields like technology and engineering. Initially, this news caused considerable concern among international students and professionals.
However, the U.S. Citizenship and Immigration Services (USCIS) quickly followed up with crucial clarifications. Their guidance confirms that this substantial fee does not apply to individuals already holding a valid non-immigrant status within the United States. This includes F-1 visa students, L-1 intra-company transfer visa holders, and even current H-1B visa holders who are applying for a change of status or renewing their existing H-1B visa. This exemption offers a sigh of relief for many international students and other visa holders worried about the financial burden of pursuing employment-based visas.
Who Exactly Will Pay the $100,000 H-1B Fee?
USCIS has explicitly stated that the $100,000 fee is specifically for new H-1B applicants who are outside the United States. If you are already in the country on a valid F-1 student visa, an L-1 intra-company transfer visa, or an existing H-1B visa, you are exempt from this fee when you file a petition for a change of status to H-1B from within the U.S.
For employers looking to hire foreign talent directly from outside the U.S., this fee is generally mandatory. There are extremely rare exceptions, such as waivers granted when a position is deemed essential to national interest, no qualified U.S. worker is available, and the fee would severely impact U.S. interests. However, USCIS is expected to grant very few of these waivers, meaning most new overseas hires will face the $100,000 charge.
Crucially, this policy is not aimed at individuals already contributing to the American economy. It does not affect those extending their current H-1B status or those transitioning from other categories, like F-1 student visas to H-1B. The primary goal is to manage new overseas applications, not to penalize international graduates or skilled professionals already integrated into the U.S. workforce.
Why F-1 Students in the U.S. Are Spared from the Fee
For F-1 visa students in the United States, whether they are completing their academic programs or engaged in Optional Practical Training (OPT), the path to an H-1B visa remains free of this new $100,000 burden. This allows a seamless transition from student to professional worker without the added financial stress.
This invaluable exemption also extends to those utilizing STEM OPT extensions, which grant graduates in science, technology, engineering, and mathematics the opportunity to work in the U.S. for up to three years post-graduation.
During the H-1B petition processing period, F-1 students can continue their employment under OPT or STEM OPT. This critical provision facilitates a smooth transition from student life to professional careers, removing the need for individuals to leave the U.S. or incur the new fee simply for switching their visa status.
This policy empowers students to plan their long-term careers in the U.S. with greater financial predictability. It also benefits universities and employers, allowing them to retain and hire talented graduates without additional financial strain. Ultimately, this means international students can concentrate on their career development, gain valuable experience, and maintain legal status in the U.S. while their work visa applications are processed.
When F-1 Students Might Still Face the $100,000 Fee
While the exemption offers significant relief, F-1 students should be aware of specific scenarios where the $100,000 fee could still apply:
- Leaving the United States before your H-1B petition has been fully approved.
- Submitting a petition that USCIS later determines is ineligible for a change of status.
- Applying for an H-1B visa from outside the United States after your F-1 status has expired or become invalid.
In these situations, the student would be treated as a new applicant from outside the U.S. and would be required to pay the fee. To maintain eligibility for the exemption, it is crucial for students to ensure their F-1 status remains valid and they stay within the United States throughout the H-1B petition process.
Significant Benefits for F-1 Visa Holders
This fee exemption provides a substantial financial and career advantage to international students in the U.S. F-1 visa holders can seamlessly transition into the American workforce on an H-1B visa without facing the new, exorbitant fee. Furthermore, students on OPT or STEM OPT can maintain their employment continuity while their H-1B petition is pending, preventing any disruption to their careers.
Employers, especially in high-demand technology and research fields, also gain significantly. They can tap into the skilled talent pool already within the U.S. without absorbing additional recruitment costs. The USCIS policy is designed to focus the $100,000 fee on new applicants coming from abroad, not on valued graduates and professionals who are already part of the U.S. educational and employment landscape.
By safeguarding existing students and workers from this added financial burden, the exemption ensures the continued flow of highly skilled international talent into the country, all while maintaining strict oversight of new overseas visa applications.
Key Takeaways for F-1 Students
In summary, F-1 students currently in the U.S. are well-positioned to continue their career paths without being impacted by the new H-1B fee. The key is to maintain valid F-1 status and apply for a change to H-1B from within the United States. USCIS guidance explicitly clarifies that the $100,000 fee primarily targets new applicants from outside the U.S., allowing students and professionals already contributing domestically to seamlessly advance their careers. Staying informed and compliant with visa regulations is paramount to ensure eligibility for this critical exemption.