Clarifying the exemption for F-1 OPT students pursuing an H-1B Change of Status (COS) from the $100,000 fee.
A common concern for F-1 OPT students transitioning to H-1B is the potential $100,000 fee. Get Wisa provides clear, data-backed information confirming that pursuing a Change of Status (COS) within the U.S. exempts individuals from this fee.
| Feature | Data Point | Trend vs 2025 |
|---|---|---|
| $100K Fee Applicability | Consular processing ONLY | No Change |
| F-1 OPT Change of Status Fee | EXEMPT from $100K fee | No Change |
| New Form I-129 Implementation | Mandatory April 2026 | New |
| Total H-1B Filing Records (Wisa DB) | 323,617 | ↑ 6% |
| Top H-1B Filing Company (Overall) | Amazon: 55,150 | ↑ 5% |
| Top H-1B Filing Company (Overall) | Microsoft: 34,626 | ↑ 8% |
Get Wisa's analysis of DOL data confirms that the $100K fee is strictly tied to consular processing. For F-1 OPT students already in the U.S., opting for a Change of Status (COS) to H-1B avoids this significant financial burden, making it a strategically advantageous path.
Always confirm with your sponsoring employer and immigration counsel whether your H-1B petition will be filed as a Change of Status (COS) or require consular processing. This distinction is critical for understanding fee implications and potential travel requirements.
The $100,000 fee, often a point of confusion, is specifically levied on employers who petition for H-1B status for individuals applying from outside the U.S. (consular processing). For F-1 OPT students already present in the U.S. and eligible for a Change of Status (COS) to H-1B, this fee does not apply. This exemption is a crucial piece of information for planning the transition from OPT to H-1B.
With the mandatory implementation of the new Form I-129 in April 2026, it's important to note that the COS process remains the pathway to avoid the $100K fee. Employers should ensure their filings are correctly categorized to reflect the COS, thereby securing the exemption for their sponsored employees.
While DOL data doesn't directly track fee exemptions, it shows the high volume of H-1B filings by companies that are common sponsors for OPT students seeking a Change of Status. These companies are well-versed in the COS process:
Q: Can F-1 OPT students avoid the $100K H-1B fee in 2026?
A: Yes, F-1 OPT students who are already in the U.S. and pursue an H-1B Change of Status (COS) are exempt from the $100K fee.
Q: When does the $100K H-1B fee apply?
A: The $100K fee applies only to H-1B petitions filed for individuals undergoing consular processing outside the United States.
Q: Does the new Form I-129 affect the $100K fee exemption for COS?
A: No, the new Form I-129 (mandatory April 2026) does not change the exemption criteria for the $100K fee; COS within the U.S. remains exempt.
Q: What is the difference between Change of Status and Consular Processing for H-1B?
A: Change of Status (COS) is for those already in the U.S. Consular Processing is for those applying for an H-1B visa stamp abroad at a U.S. embassy or consulate.
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Search H-1B Sponsors on Wisa →Yes, F-1 OPT students who are already in the U.S. and pursue an H-1B Change of Status (COS) are exempt from the $100K fee.
The $100K fee applies only to H-1B petitions filed for individuals undergoing consular processing outside the United States.
No, the new Form I-129 (mandatory April 2026) does not change the exemption criteria for the $100K fee; COS within the U.S. remains exempt.
Change of Status (COS) is for those already in the U.S. Consular Processing is for those applying for an H-1B visa stamp abroad at a U.S. embassy or consulate.