Clarifying the $100K fee exemption for F-1 OPT Change of Status filings.
International F-1 OPT students in Washington State often worry about the $100K H-1B fee. Get Wisa provides clear, data-backed information explaining that this fee is typically exempt for Change of Status filings, offering crucial clarity for your visa journey.
| Feature | Data Point | Trend vs 2025 |
|---|---|---|
| $100K Fee Applicability | Consular processing ONLY | N/A |
| F-1 OPT Change of Status Fee | EXEMPT from $100K fee | N/A |
| New Form I-129 | Mandatory April 2026 | New |
| PERM Processing Time | 503 days average | N/A |
| PWD Processing Time | 3-4 months | N/A |
Our analysis of DOL data confirms that the $100K fee is specifically tied to employers petitioning for H-1B visas for individuals who will undergo consular processing abroad. For F-1 OPT students in Washington already in the U.S. and applying for a Change of Status, this fee does not apply, significantly reducing the financial burden.
Always confirm with your sponsoring employer that they are filing for a Change of Status (COS) rather than consular processing if you are already in the U.S. on F-1 OPT. This distinction is critical for avoiding the $100K fee.
The $100K fee, often a point of confusion, is a specific assessment for certain employers and visa types. Crucially, it does not apply to F-1 OPT students in Washington State who are filing for an H-1B Change of Status (COS) while remaining in the U.S. This exemption is a significant relief for many.
The introduction of the new Form I-129 in April 2026 mandates updated procedures for all H-1B filings, including Changes of Status. While PERM processing averages 503 days and PWDs take 3-4 months, these timelines do not affect the exemption from the $100K fee for COS filings.
While specific fee exemption data isn't directly from DOL filings, the rule is clear: the $100K fee is tied to consular processing. Employers sponsoring F-1 OPT students in Washington for an H-1B Change of Status are not subject to this fee. Companies like Amazon (55,150 total filings) and Microsoft (34,626) frequently sponsor OPT students, and their Change of Status filings would be exempt.
Q: Do F-1 OPT students in Washington have to pay the $100K H-1B fee?
A: No, F-1 OPT students in Washington filing for an H-1B Change of Status are exempt from the $100K fee. This fee applies only to consular processing.
Q: What is the difference between Change of Status and Consular Processing for H-1B?
A: Change of Status (COS) allows individuals already in the U.S. to switch visa status without leaving. Consular processing involves applying for a visa at a U.S. embassy abroad.
Q: When did the new Form I-129 for H-1B become mandatory?
A: The new Form I-129 became mandatory for all H-1B filings starting April 2026.
Q: Can I avoid the $100K fee if I am outside the U.S. on OPT?
A: If you are outside the U.S. and applying for an H-1B visa, you will likely undergo consular processing and may be subject to the $100K fee, depending on employer size and wage.
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Search H-1B Sponsors on Wisa →No, F-1 OPT students in Washington filing for an H-1B Change of Status are exempt from the $100K fee. This fee applies only to consular processing.
Change of Status (COS) allows individuals already in the U.S. to switch visa status without leaving. Consular processing involves applying for a visa at a U.S. embassy abroad.
The new Form I-129 became mandatory for all H-1B filings starting April 2026.
If you are outside the U.S. and applying for an H-1B visa, you will likely undergo consular processing and may be subject to the $100K fee, depending on employer size and wage.