$100K H-1B Fee Clarification — What It Means for International Students

Author

Tabarak Rehman
October 23, 2025

Good news for international students and recent graduates.
On October 20, 2025, USCIS released an official clarification confirming that the controversial $100,000 H-1B fee does not apply to most students currently in the United States.

If you are on F-1, OPT, or STEM OPT status, this update protects your path to an H-1B visa.

Background

In September 2025, the White House announced a new $100,000 payment requirement for certain H-1B petitions.
The announcement sparked widespread confusion and concern—especially among international students preparing for the 2026 H-1B lottery.

Last week, USCIS provided much-needed clarity on who will actually pay the fee and who is exempt.

Who’s Not Affected

If you are already in the United States, you are safe.
The fee does not apply to:

  • Students on F-1, OPT, or STEM OPT filing a Change of Status to H-1B inside the U.S.

  • Current H-1B holders filing extensions, amendments, or transfers

  • Any petitions filed before September 21, 2025

In short, if your H-1B is filed while you are in the U.S. with valid status, you are exempt from the $100,000 fee.

Who’s Affected

The $100,000 fee applies to:

  • Applicants outside the U.S. filing new H-1B petitions

  • Denied Change-of-Status cases that must refile abroad

  • Petitions requesting consular processing or port of entry notification

This means that new applicants filing from overseas—or those whose petitions are processed through a U.S. consulate—will face the payment requirement.

What Employers Should Do

USCIS guidance advises employers to:

  • Review all pending or upcoming H-1B cases

  • Confirm whether each case involves Change of Status or consular processing

  • Integrate payment verification into internal compliance checklists

  • Stay updated as legal challenges to the policy move forward

What Students Should Do Now

For students, this clarification provides a clear roadmap:

  • Keep your F-1, OPT, or STEM OPT status valid

  • Avoid unnecessary travel while your H-1B petition is pending

  • Ask your employer to file a Change of Status, not a consular processing petition

By doing this, you can pursue your H-1B from within the United States without triggering the $100,000 payment.

A Hidden Win for International Students

There is also a hidden advantage.
Because the $100,000 H-1B fee applies only to applicants filing from overseas, many U.S. companies will now prefer to hire candidates already in the country on F-1, OPT, or STEM OPT status.

This shift could lead to:

  • More job opportunities for students already in the U.S.

  • Less competition from overseas applicants

  • Higher chances of securing H-1B approval through Change of Status

Being in the United States is now more advantageous than ever for international graduates seeking sponsorship.

The Numbers Behind It

According to USCIS data, in FY 2023 there were approximately 386,000 approved H-1B petitions, down from about 442,000 the previous year. Roughly half of those approvals were for individuals who were already in the U.S., rather than being hired from abroad.

In FY 2024, 71% of all H-1B approvals went to India-born applicants, followed by 11–12% to China-born professionals.

Let’s look at which countries are leading in H-1B approvals.

Source: USCIS (FY 2023 Characteristics of H-1B Workers Report); VisualCapitalist (FY 2024 H-1B by Country)

Why This Matters

This announcement brings relief to thousands of international graduates and professionals who feared their U.S. career plans might be derailed.

For now, those who maintain valid status and file their H-1B from within the country can continue their journey without the added financial burden.

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