Understand when the $100,000 fee applies to H-1B visas.
Confusion often surrounds the $100,000 fee sometimes associated with H-1B visas. It's critical to understand that this fee applies exclusively to H-1B petitions undergoing consular processing. Get Wisa clarifies this distinction using U.S. DOL data, highlighting that F-1 OPT Change of Status applications are exempt.
| Feature | Data Point | Trend vs 2025 |
|---|---|---|
| $100K Fee Applicability | Consular Processing ONLY | N/A |
| F-1 OPT Change of Status Fee | EXEMPT from $100K fee | N/A |
| FY2027 Lottery Selection Odds (Overall) | 35.3% | ↔ 0% |
| PERM Processing Time (Average) | 503 days | ↑ 10% |
| New Form I-129 Mandatory | April 2026 | N/A |
DOL data indicates that the $100K fee is a specific provision tied to certain employer types and circumstances, primarily impacting those who have previously had H-1B employees laid off. It's not a universal fee for all H-1B applications.
If you are transitioning from F-1 OPT to H-1B status via a Change of Status (COS), you are exempt from the $100K fee. This is a critical distinction that avoids unnecessary financial burden for many international professionals.
The H-1B visa process in 2026 involves various fees, and the $100,000 fee is a point of significant confusion. It's crucial to understand that this fee is specifically mandated for H-1B petitions that involve consular processing, meaning the applicant will obtain their visa stamp at a U.S. embassy or consulate abroad. This often applies when an applicant is outside the U.S. or when USCIS does not approve a Change of Status.
For F-1 OPT graduates seeking to change their status to H-1B while remaining in the U.S., this $100K fee does not apply. These Change of Status applications are exempt, making it a more accessible pathway for many. The average PERM processing time of 503 days and the introduction of the new mandatory Form I-129 in April 2026 are other key factors impacting the H-1B process this year.
- Amazon: While Amazon primarily uses Change of Status for its H-1B employees, if a new hire required consular processing, the $100K fee might apply under specific circumstances, though typically not for standard OPT COS.
- Microsoft: Similar to Amazon, Microsoft's H-1B filings often involve Change of Status for employees already in the U.S. The $100K fee is generally not applicable for these internal transfers.
- Infosys: As a large IT services firm, Infosys frequently sponsors H-1B visas. For employees transitioning from F-1 OPT via Change of Status, the $100K fee is exempt.
Q: Does the $100K fee apply to all H-1B visas in 2026?
A: No, the $100K fee applies ONLY to H-1B petitions involving consular processing. It does not apply to Change of Status applications filed with USCIS.
Q: Are F-1 OPT graduates exempt from the $100K H-1B fee?
A: Yes, F-1 OPT graduates applying for an H-1B Change of Status are exempt from the $100K fee. This exemption is critical for many international students.
Q: What is consular processing for an H-1B visa?
A: Consular processing means obtaining your H-1B visa stamp at a U.S. embassy or consulate abroad. This process may incur the $100K fee under specific conditions.
Q: When does an employer have to pay the $100K H-1B fee?
A: The fee is typically paid by employers who have previously had H-1B employees laid off and are now petitioning for new H-1B workers, and the process involves consular stamping.
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Search H-1B Sponsors on Wisa →No, the $100K fee applies ONLY to H-1B petitions involving consular processing. It does not apply to Change of Status applications filed with USCIS.
Yes, F-1 OPT graduates applying for an H-1B Change of Status are exempt from the $100K fee. This exemption is critical for many international students.
Consular processing means obtaining your H-1B visa stamp at a U.S. embassy or consulate abroad. This process may incur the $100K fee under specific conditions.
The fee is typically paid by employers who have previously had H-1B employees laid off and are now petitioning for new H-1B workers, and the process involves consular stamping.