Understand the $100K H-1B fee and its exemptions for F-1 OPT graduates in New York.
Many F-1 OPT students in New York worry about the $100K H-1B fee. This page clarifies when this fee applies and, crucially, when it is exempt, particularly for Change of Status applications, providing essential information for your H-1B journey.
| Feature | Data Point | Trend vs 2025 |
|---|---|---|
| $100K Fee Applicability | Consular Processing ONLY | Confirmed |
| F-1 OPT Change of Status Fee | EXEMPT | Confirmed |
| FY2027 Lottery Odds (Overall) | 35.3% | ↓ 27% |
| New Form I-129 Mandatory | April 2026 | New |
| Total H-1B Filing Records (Wisa) | 323,617 | ↑ 7% |
| PERM Processing Time | 503 days | ↑ 10% |
Our analysis of DOL data reveals a common misconception among F-1 OPT graduates regarding the $100K fee. The key distinction is between consular processing (where the fee applies) and an in-country Change of Status (where it does not), a critical point for New York-based graduates.
If you are already in the U.S. on F-1 OPT and your employer files for an H-1B Change of Status, you are exempt from the $100K fee. This is a significant cost saving and a smoother process than consular processing.
The $100K fee, often a source of anxiety for H-1B applicants, has specific conditions. For F-1 OPT graduates in New York, the good news is that applying for a Change of Status while remaining in the U.S. exempts them from this fee. This fee is exclusively for individuals undergoing consular processing abroad.
The FY2027 lottery had overall selection odds of 35.3%, making the H-1B process competitive. With the new Form I-129 mandatory from April 2026, and PERM processing averaging 503 days, understanding fee structures is vital for planning. Always confirm with your employer's legal counsel regarding fee applicability.
Companies that frequently sponsor H-1B visas, including for F-1 OPT graduates, and are aware of fee structures:
Answers to common questions about the $100K H-1B fee for F-1 OPT students in New York:
No, if you are in the U.S. on F-1 OPT and your employer files for an H-1B Change of Status, you are exempt from the $100K fee. This fee is only for consular processing.
The $100K fee applies specifically to H-1B petitions filed for individuals seeking admission to the U.S. through consular processing, not for those adjusting their status within the U.S.
Yes, Change of Status is generally preferred as it avoids consular processing delays and the $100K fee. It allows you to maintain your status while waiting for H-1B approval.
The overall selection odds for the FY2027 lottery were 35.3%. While competitive, this rate applies to all applicants, including F-1 OPT graduates in New York.
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Search H-1B Sponsors on Wisa →No, if you are in the U.S. on F-1 OPT and your employer files for an H-1B Change of Status, you are exempt from the $100K fee. This fee is only for consular processing.
The $100K fee applies specifically to H-1B petitions filed for individuals seeking admission to the U.S. through consular processing, not for those adjusting their status within the U.S.
Yes, Change of Status is generally preferred as it avoids consular processing delays and the $100K fee. It allows you to maintain your status while waiting for H-1B approval.
The overall selection odds for the FY2027 lottery were 35.3%. While competitive, this rate applies to all applicants, including F-1 OPT graduates in New York.