Trump's $100k H-1B fee won’t hit F-1 students: Offshore hires must now pay or stay out

US President Donald Trump's $100,000 H-1B fee will not apply to international students changing their status from F-1 to H-1B within the U.S., according to updated USCIS guidance issued October 20. 

While the fee still targets offshore-heavy filings, particularly by major IT firms, students and employers inside the U.S. can now breathe easier.

The U.S. Citizenship and Immigration Services (USCIS) clarified that the $100,000 fee introduced by the Trump administration’s September 19 proclamation applies only in narrowly defined circumstances—and does not affect change-of-status petitions for individuals already in the U.S.

Effective from 12:01 a.m. EDT on September 21, 2025, the fee only applies to:

New H-1B petitions for foreign nationals currently outside the U.S. who lack a valid H-1B visa.

Petitions requesting consular or port-of-entry notification, or pre-flight inspection, including for beneficiaries physically in the U.S. at filing.

Critically, the rule does not apply to:

• Existing H-1B holders or petitions filed before September 21.
• H-1B amendment requests due to material job changes.
• Change of status petitions, such as F-1 to H-1B transitions.
• Extension of stay requests for H-1B workers already in the U.S.
• Re-entry of H-1B holders traveling on valid visas or approved petitions.

This exemption provides major relief for thousands of international students transitioning from F-1 to H-1B status after graduating from U.S. universities. It also closes the door on fears that travel or minor status changes might retroactively trigger the fee.

However, USCIS warned that if a petition to change status or extend H-1B stay is denied—for example, if the beneficiary fails to maintain visa status, or departs the U.S. before a change-of-status is approved—the $100,000 fee could then apply.

The rule’s design, as per Deedy Das of Menlo Ventures, clearly targets large outsourcing firms, especially WITCH group companies, that routinely bring employees from overseas. Some firms are now reportedly weighing increased use of the L-1 visa as a workaround.

While legal challenges are already underway, USCIS’s updated guidance draws a sharp distinction: if the petition is filed inside the U.S. for someone already in status, the fee doesn’t apply. If it’s to bring someone in from abroad, it likely does.