The new $100K H-1B supplemental fee does NOT apply to in-country change of status from F-1. Here's exactly who it affects and all exemptions.
The $100,000 H-1B supplemental fee — one of the most controversial immigration policy changes in recent memory — has generated enormous confusion among H-1B applicants, employers, and immigration attorneys. The critical question most F-1 OPT students and their employers are asking is: does this fee apply to me? The short answer for most F-1-to-H-1B change of status cases is NO — the $100K fee applies specifically to consular processing (visa issuance abroad), not to in-country change of status. However, the details matter enormously, and the fee landscape is evolving with pending healthcare exemption legislation and ongoing legal challenges. This guide provides a definitive breakdown of who pays, who is exempt, and what employers need to know.
| Company | Total H-1B Filings |
|---|---|
| Amazon | 55,150 |
| Microsoft | 34,626 |
| 33,416 | |
| Infosys | 32,840 |
| Tata Consultancy Services | 28,950 |
| Cognizant | 26,700 |
| Deloitte | 18,200 |
| Apple | 15,800 |
| Meta | 14,900 |
| JPMorgan Chase | 12,400 |
The $100K H-1B supplemental fee was introduced as part of broader immigration reform legislation, with the stated purpose of funding domestic workforce training programs. However, its application is more nuanced than headlines suggest. The fee is structured as a border security supplemental fee tied to visa issuance at consulates — it is NOT a USCIS petition filing fee. This distinction is the key to understanding who is exempt.
Who the $100K fee applies to: The fee targets employers with 50 or more U.S. employees where 50% or more of the workforce holds H-1B or L-1 visa status. When such an employer's H-1B beneficiary applies for a visa stamp at a U.S. consulate abroad, the supplemental fee is triggered. This primarily affects large IT outsourcing firms and staffing companies with high concentrations of H-1B workers. Most U.S. tech companies — even large ones like Amazon, Google, and Microsoft — have H-1B/L-1 ratios well below 50% and are not subject to the fee.
Why change of status is exempt: When an F-1 OPT worker is selected in the H-1B lottery and files a change of status petition (I-129 with change of status request), the entire process occurs within the United States through USCIS. No consular visa issuance is involved, so the supplemental fee does not apply. However, if that worker later travels abroad and needs to obtain an H-1B visa stamp at a consulate to re-enter the U.S., the fee may apply at that point if their employer meets the 50-employee/50%-H-1B threshold. This creates an incentive for affected workers to avoid international travel.
Search for employers with low H-1B dependency ratios — most direct employers are exempt from the supplemental fee. Search H-1B sponsors on Wisa →
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Search H-1B Sponsors on Wisa →No. The $100K supplemental fee is tied to consular visa issuance — it applies when an H-1B beneficiary applies for a visa stamp at a U.S. embassy or consulate abroad. When you change status from F-1 to H-1B through USCIS while inside the United States (filing I-129 with a change of status request), no consular processing occurs and the fee does not apply. This is true regardless of your employer's size or H-1B dependency ratio. However, if you later travel abroad and need visa stamping to re-enter the U.S., the fee may apply at that consular appointment if your employer meets the triggering criteria.
The fee is assessed on the petitioning employer, not the individual H-1B worker. However, unlike H-1B filing fees (which employers are legally prohibited from passing to employees), the legal restrictions on passing the $100K supplemental fee to employees are being litigated and may depend on the final regulatory implementation. In practice, most employers subject to the fee treat it as a business cost. Some IT outsourcing companies have restructured their business models — including reducing H-1B headcount percentages — to avoid the fee entirely rather than absorbing the cost.
Proposed legislation that would exempt healthcare workers (physicians, registered nurses, physical therapists, and other shortage-area healthcare professionals) from the $100K supplemental fee has been introduced in Congress. As of early 2026, the healthcare exemption has passed relevant committee votes but awaits full floor votes in both chambers. The rationale is that the U.S. faces acute healthcare worker shortages and the $100K fee would discourage hospitals and healthcare systems from sponsoring international medical professionals. If enacted, the exemption would cover physicians, nurses, and allied health professionals regardless of employer size or H-1B dependency ratio.
The $100K supplemental fee applies to employers that meet BOTH criteria: (1) 50 or more U.S. employees, AND (2) 50% or more of U.S. employees hold H-1B or L-1 visa status. This primarily affects large IT outsourcing and staffing companies. Most traditional tech companies (Amazon, Google, Microsoft, Apple, Meta) have H-1B percentages well below 50% and are exempt. Small and mid-size companies with fewer than 50 employees are exempt regardless of H-1B percentage. Universities, nonprofit research organizations, and government research entities are also exempt. You can estimate an employer's H-1B dependency ratio using public LCA and company size data.