How Trump's New $100K H-1B Fee Impacts OPT Students

USCIS Update: Who the $100K Fee Actually Applies To

The $100,000 H-1B fee applies to new H-1B filings on or after September 21, 2025 only when the worker is outside the U.S.

Key points:

• Change-of-status filings inside the U.S. are not subject to the fee
• Fee is paid via Pay.gov before filing
• Travel matters: if you leave the U.S. during a pending petition, you may trigger the fee requirement

What This Means

For F-1/OPT/STEM-OPT students

If your employer files an H-1B change-of-status petition while you're in the U.S., you are not affected by the $100K fee.

The Bigger Picture

Context for recent immigration policy changes:

• Cap-Gap Extension (January 17, 2025) - Extends work authorization between OPT expiration and H-1B start date
• H-1B Modernization Rule (January 2025) - Reforms to how H-1B selection works

How the $100K Rule Affects Common OPT Paths

1. Change-of-Status Inside U.S. (Lowest Risk)

If you remain in the U.S. while your employer files H-1B change-of-status, the $100K fee does not apply. This is the safest path for OPT students.

2. Consular Processing/Re-Entry (Fee Applies)

If you leave the U.S. to process your H-1B visa at a U.S. embassy or consulate, the $100K fee will apply. Plan accordingly.

3. Travel During Pending Petition (Risky)

If you travel internationally while your H-1B petition is pending, you may forfeit change-of-status eligibility and trigger the consular processing path, which includes the $100K fee.

4. Employer Reactions (Some Pausing International Hiring)

Some employers are pausing international hiring due to the increased cost of H-1B sponsorship.

Practical Advice

Have backup strategies

Explore alternative visa pathways like O-1A, L-1, or EB-2 NIW if H-1B is uncertain.

Plan timing carefully

Coordinate H-1B filing and your travel schedule to avoid unnecessary fees.

Work with employers

Discuss filing timelines and cost implications with your employer early.

Monitor legal challenges

Stay updated on any court challenges or policy changes affecting the $100K fee.

Minimize travel

If possible, avoid international travel while an H-1B petition is pending.

Be ready for employer pushback

Some employers may be less willing to sponsor H-1B given the increased costs.

Bottom Line

For most students already in the U.S., this update brings relief: your F-1 to H-1B change-of-status remains fee-free. However, careful planning around travel and visa processing is essential.