Clarifying the $100K fee and how Change of Status filings offer an exemption.
F-1 OPT students in Washington State often worry about the $100K H-1B fee. This page clarifies the conditions under which this fee applies and, crucially, explains how filing a Change of Status (COS) can exempt individuals from this substantial cost, making H-1B sponsorship more accessible.
| 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 Average | 503 days | N/A |
| PWD Processing Average | 3-4 months | N/A |
Our analysis of USCIS data indicates that employers in Washington State, particularly in the tech sector, frequently utilize the Change of Status filing for H-1B petitions. This strategy allows them to sponsor candidates already in the U.S. on OPT without incurring the $100K fee, making it a common and cost-effective approach.
Always confirm with your sponsoring employer whether they intend to file an H-1B petition with a Change of Status. This is the standard procedure to avoid the $100K fee and allows you to continue working without interruption if approved.
The $100K fee, officially known as the "214(g) fee," is a significant financial burden imposed on certain employers. However, it specifically applies only when an H-1B visa is obtained through consular processing abroad. For F-1 OPT students in Washington State, the primary pathway to H-1B sponsorship involves filing concurrently with a Change of Status (COS) request to USCIS.
By filing the H-1B petition and the COS concurrently, individuals remain in lawful F-1 status until the H-1B is approved, and importantly, they are exempt from the $100K fee. This is a critical distinction for many international professionals seeking to transition from OPT to H-1B status within the U.S. The new mandatory Form I-129, effective April 2026, will be used for these filings.
Many Washington-based companies utilize Change of Status filings to sponsor F-1 OPT students, avoiding the $100K fee. Here are examples of companies that frequently sponsor H-1B visas, implying they would use COS for OPT students:
Q: Can F-1 OPT students in Washington avoid the $100K H-1B fee?
A: Yes, by filing an H-1B petition with a concurrent Change of Status (COS) request, F-1 OPT students are exempt from the $100K fee.
Q: When does the $100K H-1B fee apply?
A: The $100K fee applies exclusively to H-1B visas obtained through consular processing abroad, not for those filing a Change of Status within the U.S.
Q: What is the new Form I-129's impact on F-1 OPT students?
A: The mandatory Form I-129, effective April 2026, will be used for all H-1B filings, including those with a Change of Status for F-1 OPT students.
Q: How does a Change of Status (COS) work for H-1B?
A: A COS allows you to change your immigration status from F-1 OPT to H-1B without leaving the U.S., provided your H-1B petition is approved by USCIS.
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Search H-1B Sponsors on Wisa →Yes, by filing an H-1B petition with a concurrent Change of Status (COS) request, F-1 OPT students are exempt from the $100K fee.
The $100K fee applies exclusively to H-1B visas obtained through consular processing abroad, not for those filing a Change of Status within the U.S.
The mandatory Form I-129, effective April 2026, will be used for all H-1B filings, including those with a Change of Status for F-1 OPT students.
A COS allows you to change your immigration status from F-1 OPT to H-1B without leaving the U.S., provided your H-1B petition is approved by USCIS.