Does the new $100,000 H-1B fee apply to international students switching their status from F-1 to H-1B?
No, the $100,000 H-1B fee does not apply to F-1 students changing status to H-1B from inside the United States. USCIS guidance confirms the fee applies only to new petitions requiring consular processing for workers outside the US, so change of status, extensions and employer changes remain exempt.
No, you do not have to worry about the new $100,000 H-1B fee if you are switching from F-1 to H-1B status while inside the United States. USCIS guidance is explicit that this fee applies only to new H-1B petitions filed for workers who are physically outside the US and need consular processing. Your change of status filing, whether from OPT or STEM OPT, stays exempt.
Who Pays the Fee and Who Does Not
| Situation | Fee Applies |
|---|---|
| F-1 to H-1B change of status inside the US | No, exempt |
| H-1B extension or amendment | No, exempt |
| Employer change for existing H-1B | No, exempt |
| New H-1B via consular processing from outside the US | Yes, effective now |
What This Means for Your Planning
- If you are on OPT or STEM OPT and get selected in the lottery, your employer files a standard change of status petition.
- Your employer only pays the usual USCIS filing and lottery fees for this route, not the new surcharge.
- This rule was briefly paused by courts but is currently back in effect, so confirm the latest status with your employer's counsel.
- The fee mainly affects new hires being brought in from abroad, not students already studying in the US.
My Advice
If you are on OPT and worried about this fee, relax, it does not apply to your situation as long as you stay inside the US for your change of status filing. Ask your employer's immigration counsel to confirm this in writing so you have it on record for your 2026 or 2027 H-1B transition.
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