Understand the $100K fee and its exemption for OPT to H-1B Change of Status filings.
International professionals on F-1 OPT often have questions about the $100K fee associated with H-1B petitions. This page clarifies that F-1 OPT students filing a Change of Status (COS) are exempt from this fee, which applies only to consular processing. We also cover the implications of the new Form I-129.
| Feature | Data Point | Trend vs 2025 |
|---|---|---|
| $100K Fee Applicability | Consular processing ONLY | [Clarified] |
| F-1 OPT Change of Status Fee | EXEMPT from $100K fee | [Clarified] |
| New Form I-129 Implementation | Mandatory April 2026 | New Requirement |
| PERM Processing Time (Average) | 503 days | [Stable/Slight Increase] |
| Total Verified Sponsors in Get Wisa | 45,000+ | [Growing] |
Our review of USCIS fee structures indicates that many international graduates on OPT are unaware that the $100K fee is specifically tied to employers petitioning for visas from outside the U.S. (consular processing), not for those already within the U.S. seeking a Change of Status.
If your employer is filing your H-1B petition as a Change of Status while you are in the U.S. on F-1 OPT, you are exempt from the $100K fee. Ensure your employer correctly identifies this as a Change of Status on the new Form I-129, effective April 2026.
Understanding H-1B fees is crucial for international professionals. The $100K fee, often a point of confusion, is specifically levied on employers petitioning for H-1B visas for individuals who will enter the U.S. through consular processing. For F-1 OPT students already in the U.S. and seeking to change their status to H-1B, this fee does not apply.
The mandatory implementation of the new Form I-129 in April 2026 means that all H-1B petitions, including Changes of Status, will utilize an updated form. This transition requires employers to be vigilant about compliance. The average PERM processing time of 503 days remains a significant factor in the overall H-1B timeline.
While DOL data doesn't directly track fee exemptions, it shows the high volume of filings by companies that commonly sponsor OPT graduates, implying frequent Change of Status applications:
Does the $100K H-1B fee apply if I'm changing status from F-1 OPT?
No, if you are in the U.S. on F-1 OPT and your employer files an H-1B Change of Status petition, you are exempt from the $100K fee. This fee is only for consular processing.
What is consular processing for H-1B?
Consular processing means you apply for your H-1B visa at a U.S. embassy or consulate abroad. This is when the $100K fee may apply, depending on employer size and H-1B filings.
How does the new Form I-129 affect H-1B Change of Status filings?
The new Form I-129 is mandatory for all H-1B filings from April 2026. Employers must use this updated form for Change of Status petitions, ensuring correct classification and fee reporting.
Are there any other fees for H-1B Change of Status from OPT?
Yes, standard filing fees for Form I-129 and the ACWIA fee apply. The $100K fee is the specific one that is waived for Change of Status from OPT.
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Search H-1B Sponsors on Wisa →No, if you are in the U.S. on F-1 OPT and your employer files an H-1B Change of Status petition, you are exempt from the $100K fee. This fee is only for consular processing.
Consular processing means you apply for your H-1B visa at a U.S. embassy or consulate abroad. This is when the $100K fee may apply, depending on employer size and H-1B filings.
The new Form I-129 is mandatory for all H-1B filings from April 2026. Employers must use this updated form for Change of Status petitions, ensuring correct classification and fee reporting.
Yes, standard filing fees for Form I-129 and the ACWIA fee apply. The $100K fee is the specific one that is waived for Change of Status from OPT.