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

Hey there!

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. Along with it, new restrictions mean petitioners must prove the fee has been paid before approval - and in some cases, entry to the U.S. could be denied.

Understandably, this news has created a lot of confusion and panic. Let’s break it down clearly by status and situation so you know exactly how it impacts you.

📌 If You’re Still on F-1

For now, you’re safe. These updates don’t affect your current student status. But long term, it may shape how employers think about sponsorship. With such a steep new cost, many companies will likely focus H-1B sponsorship on higher-wage or highly specialized applicants.

📌 If You’re on OPT or STEM OPT

Timing matters.

• Before Sept 21, 2025: If your employer files an H-1B petition while you’re still on OPT or STEM OPT, the new fee does not apply.

• After Sept 21, 2025: All new petitions - even change-of-status applications from OPT/STEM OPT inside the U.S. - will trigger the $100,000 fee.

This includes petitions filed in the March 2026 lottery (FY 2027 cap season).

It’s a one-time, employer-paid fee, not annual, but the cost is big enough that some employers may think twice before sponsoring.

Cap-gap protections still apply as before, so if you’re switching from STEM OPT to H-1B, you’re covered until October 1 once your employer files.

📌 If You’re Already on H-1B

Good news here. 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 only.

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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), they’ll need to pay the $100,000 fee.

• Not Selected This Year → Reapplying in 2026:
  If you weren’t picked in the 2025 lottery and try again in 2026, your employer must pay the fee when filing the new petition.

Why It Matters

This is a huge change that will reshape how companies think about sponsorship. For international students and graduates, it means:

• Be proactive with timelines.

• Have open conversations with employers about their willingness to sponsor under the new rules.

• Stay informed - lawsuits or future guidance could still change implementation.

The bottom line: Petitions filed before Sept 21, 2025 aren’t subject to the fee. All new petitions after that date are. It’s one-time, employer-paid, and doesn’t touch current H-1Bs, extensions, or renewals.

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

Best,
The Roam Growth Team 🧡