US Clarifies H-1B Fee Rules for F-1 Students, Easing Path from OPT to Work Visa

If you are an Indian student you’ve probably read about the new $100,000 H-1B fee, introduced by a Presidential Proclamation. It has caused a full-blown panic among Indian students on OPT. You're seeing it on Reddit, you're hearing it in WhatsApp groups, and you are understandably wondering if your U.S. career is over before it even began.

Myth vs. Fact: Clearing up the Confusion

Let's clear up the most common misinformation directly.

Myth: "The new $100,000 H-1B fee applies to F-1 students on OPT."

Fact: This is FALSE. Recent U.S. Citizenship and Immigration Services (USCIS) guidance (issued as recently as October 20-22, 2025) confirms the $100,000 fee only applies to new H-1B petitions for workers outside the United States.

The policy specifically exempts individuals already in the U.S. on a valid visa (like your F-1) who are filing for a "change of status." As long as you remain in the U.S. and your employer files your H-1B petition as a "change of status," you are not subject to this fee.

So, What Fees Does Your Employer Pay?

Now that the $100k panic is clarified, let's focus on the actual fee structure. This is what your employer pays, and understanding it is the key to your job search strategy.

First, it is illegal for any employer to ask you, the student, to pay these petition fees.

Second, the fees are not the same for every company. Large corporations pay significantly more than small businesses and non-profits. This creates a strategic opportunity for you.

These fee changes actually create opportunities for informed F-1 students.

The fee hikes were not applied equally. Large corporations were hit the hardest, while non-profits and small businesses were protected.

Note: This excludes pre-existing fees like ACWIA and anti-fraud fees, which employers also pay.

What This Means for Your Job Search Strategy

The data is clear. A large tech company now faces a much higher cost to file your petition than a university or a startup.

1. Prioritize Non-Profits: Universities, university-affiliated hospitals, and non-profit research institutes are now your strongest targets. They're completely exempt from the $600 Asylum Fee, their base filing fee didn't increase, and many are H-1B cap-exempt (meaning they can hire you anytime without entering the lottery).

2. Don't Overlook Small Businesses: Startups and small businesses (25 or fewer employees) pay a reduced Asylum Fee and their base petition fee also didn't increase. They're a much more affordable option for employers than large corporations.

3. Understand the Real Cost Difference: For large tech companies, the increased fees matter less because they sponsor thousands of H-1Bs annually—but they still face higher per-person costs. For small businesses deciding between candidates, that $620 difference compared to non-profits could matter.

The panic is only for those who don't know the rules. For the savvy F-1 student, this change has made the path clearer, not harder. It's telling you exactly where to apply: target H-1B cap-exempt non-profits, hospitals, and universities.

The rules can be confusing, but you don't have to figure them out alone. Talk to a Leap Scholar expert today for the most up-to-date and accurate advice on your visa and career strategy.