$100,000 H-1B Fee Won’t Apply to F-1 Students Transitioning to Work Visas, USCIS Confirms
- Mati Lio
- 5 days ago
- 3 min read
In a major update for international students in the U.S., the U.S. Citizenship and Immigration Services (USCIS) has clarified that the proposed $100,000 H-1B visa application fee does not apply to individuals already residing in the country who are seeking a change of status, extensions, or amendments. This exemption is especially helpful for F-1 visa holders moving into H-1B employment, easing concerns for thousands of foreign students, including many from India.
Understanding the Exemption
Scope of the Fee
The $100,000 fee only applies to new H-1B petitions filed from outside the United States after 12:01 a.m. Eastern Daylight Time on September 21, 2025.
Who Is Exempt
Change of Status: Students already in the U.S. on visas like F-1, L-1, or H-1B who apply for H-1B status are exempt.
Extensions and Amendments: Requests to extend H-1B status or amend petition details, including employer or job location changes, are excluded from the fee.
Travel Considerations: H-1B holders approved through change of status can travel internationally without triggering the new fee.
Impact on International Students
This clarification provides immediate relief to international students, particularly those from India, who represent a large portion of H-1B applicants. By removing the $100,000 barrier, USCIS ensures students can transition from education to professional employment without facing a prohibitive financial burden.
Legal Challenges and Policy Outlook
While the exemption benefits current visa holders, the $100,000 fee remains controversial. The U.S. Chamber of Commerce has filed a lawsuit arguing that the fee is inconsistent with the Immigration and Nationality Act and places undue burdens on businesses. The resolution of this case may influence H-1B policy for future applicants.
The Bottom Line
The USCIS clarification on the $100,000 H-1B fee is a significant relief for international students already in the U.S., particularly F-1 visa holders. By exempting change-of-status, extensions, and amendments from this fee, students can pursue professional employment without facing a prohibitive financial barrier.
While the fee continues to face legal challenges, the exemption ensures that those already studying and working in the U.S. are protected from unexpected costs. For students planning their transition from education to employment, understanding these rules is critical, and professional guidance can help navigate the process smoothly.
This update reinforces the importance of staying informed about visa policies and leveraging expert support, especially for those aiming to study abroad, transition to work visas, or succeed academically and professionally in the U.S.
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Disclaimer
This article is intended for informational purposes only and does not constitute legal advice. For guidance on H-1B or other visa matters, consult a qualified immigration attorney.
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