Good News for F-1 Students: Exemption from $100K H-1B Fee

Hey there!

The news around the new $100,000 H-1B visa filing fee took two major turns this week- one clarifying, and one potentially game-changing.

First, USCIS issued formal guidance confirming that the fee will not apply to students already in the United States. Then, just days later, the U.S. Chamber of Commerce filed a lawsuit against the Trump administration, seeking to halt the fee before it ever takes effect.

Together, these developments offer a rare moment of good news for international students on F-1, OPT, and STEM OPT visas - many of whom have been anxiously watching how this policy might affect their H-1B applications next spring.

What USCIS Clarified

According to the new guidance, the $100,000 filing fee applies only to new H-1B petitions filed on or after September 21, 2025 for candidates outside the U.S. who do not already hold an H-1B visa.

That means students already in the U.S. are fully exempt - as long as their employers file their H-1B under a change of status instead of consular processing.

Extensions, amendments, and employer transfers for existing H-1B holders are also not affected. The fee does not apply to any petitions or visas approved before the effective date. In short: if you’re on F-1, OPT, or STEM OPT and your H-1B is filed from within the U.S., you’re safe.

However, a student inside the U.S. could still be affected if their employer mistakenly files under “consular processing” instead of change of status, or if the student’s immigration status is not properly maintained at the time of filing.

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The Lawsuit Against the Trump Administration

Filed on October 16, 2025, the U.S. Chamber’s lawsuit argues that the proclamation introducing the fee is unlawful - violating congressional authority and issued without proper public process.

Representing millions of employers, the Chamber is asking a federal court to block the rule before the March 2026 H-1B lottery, warning that the cost could devastate startups, universities, and hospitals that depend on skilled talent.

This is the second major challenge to the proclamation, following a separate case brought earlier this month by academic and healthcare organizations. A preliminary court hearing is expected soon.

Why This Matters

For international students, this confirmation provides much-needed clarity and relief: the $100,000 fee will not impact most F-1, OPT, or STEM OPT candidates transitioning to H-1B status from within the U.S.

At the same time, the lawsuits now underway could determine whether the fee survives at all. If the Chamber succeeds, even future applicants filing from abroad could be spared the added cost.

While uncertainty remains around national-interest exceptions and implementation timelines, one thing is clear - students already in the U.S. are protected, and momentum is building to overturn the policy entirely.

Best,
The Roam Growth Team 🧡