H-1B Update: Breaking Down the $100,000 Fee

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Major H-1B Update: What the New $100,000 Fee Actually Means

Last week, the White House dropped a big policy change: a $100,000 fee on all new H-1B petitions filed on or after September 21, 2025. 

Understandably, this news has created a lot of confusion and panic for students and graduates on F-1, OPT, and STEM OPT looking to transition to a H-1B. Here’s everything you need to know about who this policy effects.

📌 If You’re on OPT or STEM OPT

If you are in the U.S. when your employer files your H-1B petition (change of status from OPT/STEM OPT → H-1B): The $100,000 fee does not apply. This is because the fee targets new H-1B petitions for beneficiaries located outside the U.S. at the time of filing.

This rule applies for petitions filed in the March 2026 lottery (FY 2027 cap season). It’s a one-time, employer-paid fee (not annual).

Cap-gap protections remain the same: if your employer files for H-1B while you’re still on STEM OPT, you’re automatically covered until October 1st as long as your petition is pending or approved.

📌 If You’re Already on H-1B

If your H-1B was filed and approved before Sept 21, 2025:

• Extensions, renewals, and amendments with the same employer are not subject to the fee.

• You can still travel and reenter the U.S. as usual.

• The new rules don’t retroactively apply to current H-1Bs.

The fee is designed to target new petitions that are filed for employees out side the US.

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Direct Clarification from the White House

Because of the panic, Press Secretary Karoline Leavitt posted a tweet to clear things up.

Leavitt’s Tweet Summary:

“To be clear:

(1) This is not an annual fee. It’s a one-time fee that applies only to new petitions.
(2) It does not apply to renewals or current visa holders.
(3) H-1B visa holders currently abroad will NOT be charged to re-enter the country.”

Explanation of Each Point:

1. Not an Annual Fee (One-Time Only):
   It’s charged once per new petition, not yearly. Future extensions and renewals aren’t affected.

2. Does Not Apply to Renewals or Current Holders:
   If you already have H-1B status, or are extending with the same employer, you’re safe. Only brand-new petitions - like moving from F-1/OPT/STEM OPT to H-1B - are impacted.

3. No Fee for Reentry by Current H-1Bs Abroad:
   If you already hold H-1B status and are traveling, you won’t be charged this fee to return.

This clarification was meant to calm panic: the new rules target only new petitions, not existing H-1Bs.

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Real-Life Scenarios

• OPT/STEM OPT → H-1B in 2026:
  If your employer sponsors you in the March 2026 lottery (FY 2027) and you are physically in the U.S. when the petition is filed, the $100,000 fee does not apply.

• Not Selected in 2025 → Reapplying in 2026:
  If you weren’t picked in the March 2025 lottery and reapply in 2026, the rule still depends on your location at the time of filing:

  • Inside the U.S.: No fee.

  • Outside the U.S.: Fee applies.

• Already on H-1B and filing an extension or amendment:
  No fee.

Wrapping Up

For international students and graduates already in the U.S., the rule means: continue your OPT or STEM OPT as usual, and know that if your H-1B petition is filed as a change of status while you’re here, the fee does not apply.

This fee is aimed at employers who want to sponsor and bring new employees from outside the U.S. Extensions, renewals, and current H-1B holders are also fully exempt from the fee.

We’ll keep sharing updates as more guidance comes out so you can plan with confidence.

Best,
The Roam Growth Team 🧡