F-1 OPT students using change of status are exempt. H-1B transfers are exempt. Extensions are exempt. Only NEW cap-subject petitions requesting consular processing at 50/50 employers are affected.
The $100,000 H-1B fee has created massive confusion. The reality is far more limited than headlines suggest: it only applies to a narrow category of employers filing new cap-subject petitions requesting consular notification. F-1 students doing change of status, H-1B transfers, and extensions are all exempt. Here's the complete breakdown.
| Petition Type | $100K Fee? | Why |
|---|---|---|
| New cap H-1B + Consular Processing (at 50/50 employer) | YES | Only scenario where fee applies |
| New cap H-1B + Change of Status (F-1 to H-1B) | NO — EXEMPT | COS is explicitly excluded from fee |
| H-1B Transfer (employer to employer) | NO — EXEMPT | Already counted against prior cap |
| H-1B Extension (same employer) | NO — EXEMPT | Not a new cap-subject petition |
| Cap-Exempt H-1B (university, nonprofit) | NO — EXEMPT | Cap-exempt petitions excluded |
| H-1B Amendment | NO — EXEMPT | Not a new petition |
| Employer with <50 employees | NO — EXEMPT | Below employee threshold |
| Employer with 50+ employees but <50% H-1B/L-1 | NO — EXEMPT | Below H-1B/L-1 percentage threshold |
F-1 students on OPT who are selected in the H-1B lottery almost always file with change of status (COS) — meaning they request that USCIS change their status from F-1 to H-1B without leaving the United States. COS petitions are explicitly excluded from the $100K fee, regardless of employer size or H-1B/L-1 workforce percentage.
The fee only applies to new cap-subject petitions requesting consular notification — meaning the beneficiary will travel abroad to get a visa stamp at a U.S. consulate. This primarily affects new hires being brought from overseas, not F-1 students already in the U.S. on OPT.
However, there is one critical trap: if an F-1 student files COS but then travels internationally before October 1 (when H-1B status begins), they may need to enter through consular processing instead of COS. This could potentially trigger the $100K fee at affected employers. The safest approach for F-1 students at 50/50 employers: do NOT travel internationally between petition filing and October 1.
Most product companies, startups, and non-consulting employers are completely exempt.
Search Fee-Exempt Sponsors →Search thousands of verified H-1B sponsors by company, industry, and location.
Search H-1B Sponsors on Wisa →Almost certainly not. If your employer files your H-1B petition with a change of status (COS) request — which is standard for F-1 students already in the U.S. — the $100K fee does not apply regardless of your employer's size or H-1B workforce percentage. COS petitions are explicitly exempt. Just ensure you do NOT travel internationally between filing and October 1, as that could convert your case to consular processing.
Only employers with 50+ full-time equivalent employees in the U.S. where 50% or more are in H-1B or L-1 status. This primarily affects large IT consulting and staffing firms like Infosys, TCS, Cognizant, and Wipro. Product companies like Amazon, Google, Apple, Microsoft, and most other employers have H-1B workers as a small percentage of their total workforce and are NOT affected.
No. H-1B transfers are exempt because you have already been counted against a prior year's cap. The $100K fee only applies to new cap-subject petitions. Since a transfer is not a new cap petition, the fee does not apply regardless of the new employer's H-1B workforce composition.
Yes — if you are currently in the U.S. in a valid status that allows change of status (F-1, L-1, H-4, etc.), your employer can file COS to avoid the fee. However, you must remain in the U.S. until the COS is approved and your H-1B status begins on October 1. If you depart and need to reenter via consular processing, the fee exemption may no longer apply.