Article Summary

USCIS has issued clarifications regarding the applicability of a new $100,000 H-1B fee, indicating that F-1 student graduates and other visa holders already in the U.S. seeking a change of status, amendment, or extension of stay will likely not be subject to the charge. This fee applies to new H-1B petitions filed at or after September 21, 2025, for beneficiaries outside the United States who do not have a valid H-1B visa, and does not affect existing H-1B holders or their travel.

TNP AI: Key Insights

This clarification is crucial as the initial announcement of a substantial H-1B fee likely caused significant anxiety among international students and employers in the US. The new guidance provides considerable relief for those already within the country on F-1 or L-1 visas, ensuring a more predictable and financially feasible transition pathway to H-1B status.

For tech companies and other employers, this means they can continue to convert existing skilled talent already residing in the US without the burden of an additional, prohibitive fee, thereby stabilizing workforce planning. However, the ongoing ambiguity for H-1B holders changing employers and the clear application of the fee to new petitions for those outside the US indicates a continued selective barrier to entry for international talent.