Does the $100,000 H-1B fee apply if I change status from F-1 to H-1B?
TL;DR: No. USCIS confirmed the $100,000 fee only applies to new cap-subject petitions for beneficiaries outside the US filed on or after September 21, 2025 — F-1 students changing status to H-1B while inside the US are exempt.
The Claim
The single riskiest thing an F-1-to-H-1B applicant can do right now is leave the country before their change of status is approved.
The Evidence
CBS News reporting on USCIS's clarification states plainly: "the fee does not apply when a visa applicant files to move from one type of visa to another, such as from an F-1 visa for non-U.S. students to H-1B status." However, immigration law trackers warn that if you depart the US while your change-of-status petition is pending, USCIS treats the change-of-status request as abandoned — converting your case to consular processing, which can then trigger the $100,000 fee as a condition of approval and entry.
Comparison Table
| Filing scenario | Fee status |
|---|---|
| F-1 to H-1B change of status, applicant stays in the US throughout | Exempt |
| Same case, but applicant travels abroad while petition is pending | Converts to consular processing — fee may apply |
| New cap-subject petition, beneficiary already abroad | Fee applies |
Step-by-Step
- Confirm your H-1B petition was filed as a change of status, not consular processing.
- Do not travel internationally while your COS petition is pending — this is the single biggest risk factor.
- Keep your F-1/OPT or STEM OPT status valid through your H-1B start date (typically October 1).
- If you must travel, get case-specific legal advice first — a mismatched I-94 or forced consular processing can trigger both the fee and re-entry risk.
- After October 1, confirm your change of status took effect via your approval notice.
FAQ
What if I travel home during the gap and re-enter on F-1? You risk a mismatched I-94 and CBP scrutiny about your intent — some cases still complete the COS on October 1 if you're physically present, but complications are common. What if my COS is denied and I must consular process afterward? That later consular filing could be treated as a new petition, potentially triggering the fee. Does this exemption apply to STEM OPT extensions too? The exemption applies to the change-of-status filing itself; STEM OPT extension rules are separate and unaffected. Could this rule change again? Yes — this is an active area of litigation and policy adjustment, so recheck before making travel plans.
By Pinal Dave Last updated: 2026-07-24