Clarifying the $100K fee and how it applies to H-1B Change of Status applications for OPT students in New York.
For F-1 OPT students in New York aiming for H-1B status, understanding the $100K fee is critical. This guide clarifies that the fee applies only to consular processing, not to Change of Status (COS) applications filed within the U.S. Get Wisa helps identify employers who sponsor H-1B visas.
| Feature | Data Point | Trend vs 2025 |
|---|---|---|
| $100K Fee Applicability | Consular processing ONLY | Clarified |
| F-1 OPT Change of Status Fee | EXEMPT from $100K fee | Confirmed Exemption |
| PERM Processing Time (Average) | 503 days | ↑ 15 days |
| PWD Processing Time (Average) | 3-4 months | Stable |
| New Form I-129 Mandatory | April 2026 | New Policy |
Our analysis of DOL data shows that many employers in New York who sponsor H-1B visas also have a significant number of PERM filings, indicating a strategic approach to long-term talent acquisition that benefits those seeking a Change of Status.
When pursuing an H-1B Change of Status in New York, ensure your employer correctly files the petition as a COS. This avoids the $100K fee and simplifies the process compared to consular processing. Confirm with your employer's immigration counsel.
The $100K fee, often a point of confusion, is specifically tied to consular processing for H-1B visas. For F-1 OPT students in New York seeking H-1B status, filing a Change of Status (COS) within the U.S. exempts them from this substantial fee. This distinction is crucial for financial planning and managing the H-1B application process. The mandatory April 2026 Form I-129 applies to all H-1B filings, including COS applications.
Companies that actively sponsor H-1B visas, such as Amazon, Microsoft, and Google, are well-versed in the COS process. Understanding this exemption can alleviate significant anxiety for international professionals transitioning from OPT to H-1B status in New York.
Companies with a history of sponsoring H-1B visas are familiar with the Change of Status process and its fee exemptions:
Q: Does the $100K H-1B fee apply to F-1 OPT students changing status in New York?
A: No, the $100K fee applies only to consular processing. F-1 OPT students in New York filing for an H-1B Change of Status (COS) are exempt from this fee.
Q: What is a Change of Status (COS) for H-1B?
A: A Change of Status allows an individual already in the U.S. in a valid nonimmigrant status (like F-1 OPT) to transition to H-1B status without leaving the country.
Q: Which companies in New York are good for H-1B Change of Status?
A: Companies that frequently sponsor H-1B visas, such as Amazon, Microsoft, and Google, are well-equipped to handle Change of Status applications for their employees.
Q: What is the difference between consular processing and Change of Status for H-1B?
A: Consular processing involves applying for the visa stamp at a U.S. embassy abroad, while Change of Status is filed with USCIS to adjust status while remaining in the U.S.
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Search H-1B Sponsors on Wisa →No, the $100K fee applies only to consular processing. F-1 OPT students in New York filing for an H-1B Change of Status (COS) are exempt from this fee.
A Change of Status allows an individual already in the U.S. in a valid nonimmigrant status (like F-1 OPT) to transition to H-1B status without leaving the country.
Companies that frequently sponsor H-1B visas, such as Amazon, Microsoft, and Google, are well-equipped to handle Change of Status applications for their employees.
Consular processing involves applying for the visa stamp at a U.S. embassy abroad, while Change of Status is filed with USCIS to adjust status while remaining in the U.S.