Urban Student

8 August 2026 · Urban Student

united statesvisasworkingh1b

H-1B $100,000 Fee: F-1 Change of Status Is Exempt

A presidential proclamation added a $100,000 payment requirement to new H-1B petitions in September 2025. If you’re an F-1 student planning to switch to H-1B status without leaving the US, USCIS guidance says that fee doesn’t apply to you. The rule has also been tangled up in litigation since June 2026, so what’s actually enforced right now matters more than the headline number.

What changed

On September 19, 2025, the President signed a proclamation, “Restriction on Entry of Certain Nonimmigrant Workers.” It requires a $100,000 payment to accompany new H-1B petitions filed at or after 12:01 a.m. EDT on September 21, 2025 — including petitions in the annual H-1B lottery.

Per the USCIS H-1B FAQ, the fee applies only when the beneficiary is outside the United States without a valid H-1B visa, or when the petition requests consular or port-of-entry processing. It does not apply to previously issued H-1B visas, petitions filed before the September 21, 2025 cutoff, or H-1B renewals — it’s a one-time payment on a new petition, not an annual fee.

Separately, USCIS guidance clarifies that petitions requesting a change of status from within the US — including F-1 to H-1B — along with extensions, amendments, and changes of employer, are not subject to the $100,000 payment.

The fee’s future is genuinely uncertain. On June 8, 2026, the U.S. District Court for the District of Massachusetts vacated the agency guidance implementing the payment (State of California v. Mullin). DHS appealed, and on July 24, 2026 the First Circuit denied the government’s motion to stay that order. USCIS says it “strongly disagrees” and will comply with the court order for now, but that it still plans to collect the payment if the order is later lifted. In other words: don’t assume this is settled either way.

Who it affects

  • H-1B beneficiaries currently outside the US without a valid H-1B visa, filing a new petition.
  • F-1 students on OPT or STEM OPT selected in the H-1B lottery who plan to change status while remaining in the US — largely unaffected by the fee under current guidance.
  • Employers sponsoring H-1B candidates from abroad, who need to budget for the payment if it’s reinstated.
  • Anyone whose hiring or travel plans depend on how the litigation resolves.

What you should do

  • If you’re changing status from F-1 to H-1B from inside the US, current USCIS guidance says the $100,000 fee does not apply to your petition — but confirm this with your employer’s immigration counsel before filing, since guidance can shift with the litigation.
  • If a new H-1B petition is being filed for someone currently abroad, check the fee’s status immediately before filing; DHS has said it intends to keep collecting if it prevails on appeal.
  • Keep an eye on State of California v. Mullin if your hiring or travel plans depend on the outcome.
  • See our working in the US page for the broader post-study work pathway from F-1 through OPT to H-1B.

What hasn’t changed

The annual H-1B cap (65,000 regular plus 20,000 for US master’s degree holders) and the lottery process are unaffected by the proclamation. OPT and STEM OPT remain the standard route most F-1 students use to bridge into H-1B employment.

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