Important Changes to H-1B Visa Details: What You Need to Know

Starting September 21, 2025, at 12:01 AM (Eastern Time), the U.S. Citizenship and Immigration Services (USCIS) has officially confirmed that some H-1B “specialty occupation” visa applicants will have to pay an additional $100,000 fee. This fee primarily impacts new applicants from overseas.

✅ Who is Exempt from the Fee?

• Individuals applying for status changes, corrections, or extensions of H-1B within the U.S. who are approved by USCIS.
• Applicants who already hold a valid H-1B visa or those who submitted their applications before September 21, 2025.
• Students transitioning from F-1 status to H-1B while in the U.S., even if they later travel abroad to obtain their visa.

💸 Situations Where the $100,000 Fee Must Be Paid

• New H-1B applications submitted on or after September 21, 2025, by individuals who are currently outside the U.S. and do not hold a valid H-1B visa.
• Applicants using “Consular Notification,” “Port-of-Entry Notification,” or “Pre-flight Inspection” modes, even if they are temporarily in the U.S.
• Applications for status changes, corrections, or extensions submitted after September 21, 2025, that are ultimately deemed ineligible for the exemption.

💳 How to Pay the Fee

Employers must pay the $100,000 fee online before submitting the H-1B application. It’s essential to attach proof of payment with the application documents, as any application without this proof may be rejected.

🧾 Rare Exemptions

Only the Secretary of Homeland Security has the authority to waive this fee, and this will only apply to exceptional cases related to “national interest.”

✅ F-1 Students: Major Beneficiaries

For students planning to switch from F-1 to H-1B while studying in the U.S., this new rule results in a significant advantage, as they will be entirely exempt from the $100,000 fee. In contrast, applying for H-1B from abroad will become more challenging and costly. International students intending to work in the U.S. should prioritize changing their status while still in the country rather than returning home to apply.

📌 Recommendations

If you are an F-1 student planning to apply for an H-1B visa, it is advisable to change your status while in the U.S. If you or your employer intend to submit a new application from abroad, ensure you check whether the fee requirement applies. Monitor updates from the USCIS website and immigration attorneys, as related litigation and details may continue to evolve.

📎 Conclusion

The new $100,000 regulation significantly impacts overseas applicants while providing substantial benefits for F-1 students and employers already in the U.S. This change also suggests a future trend towards favoring “in-country status changes” for H-1B visas, emphasizing the importance of planning ahead to remain in the U.S.

Stay informed about your options and act wisely to navigate the complexities of the H-1B visa process!

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