In an important clarification, the U.S. Citizenship and Immigration Services (USCIS) confirmed relief for F1 and H1B holders, ensuring that professionals already in the United States are exempt from the proposed $100,000 H-1B filing fee.
This exemption protects thousands of international students and professionals who contribute to U.S. innovation, technology, and research. It also reassures employers and staffing consultancies who rely on global talent that no new financial burden will affect their hiring or sponsorship strategies.
Official Source: USCIS – Newsroom & Policy Updates
1. Understanding the $100K H-1B Filing Fee Proposal
The proposed $100,000 filing fee was introduced as part of broader policy discussions aimed at discouraging abuse of the H-1B visa program and strengthening wage compliance.
However, widespread confusion arose about who would actually have to pay this fee.
According to USCIS guidance, the fee applies only to new H-1B petitions filed from outside the U.S. Therefore:
- F1 visa holders changing status within the U.S. are exempt.
- Current H-1B professionals renewing or transferring employment are exempt.
- Employers filing petitions for existing foreign employees in the U.S. are exempt.
This clear differentiation eliminates uncertainty and ensures that legitimate U.S. employers and visa holders are not unfairly penalized.
Reference: USCIS H-1B Specialty Occupations Overview
2. Relief for F1 Students Transitioning to H-1B
For international students on an F1 visa, this clarification is a game-changer. Many who are currently on Optional Practical Training (OPT) or STEM-OPT extensions feared employers would hesitate to sponsor them due to the rumored six-figure fee.
Now, they can continue to transition into professional roles without financial obstacles.
Key Takeaways for F1 Holders:
- Your Change of Status (COS) petition from F1 to H-1B remains standard and fee-exempt.
- Employers are more likely to sponsor qualified students since the cost barrier is gone.
- The U.S. continues to encourage skilled graduates from its universities to stay and contribute to its economy.
Official Policy Resource: USCIS Change of Status Process
4. What This Means for Employers and Staffing Firms
For employers—especially in the IT staffing and consulting industry—this relief represents major operational continuity.
Without the extra $100K filing fee, businesses can focus on talent acquisition and project delivery instead of budget strain.
Employer Benefits:
- Predictable and transparent cost structures
- Stronger retention of H-1B talent
- Freedom to scale staffing operations smoothly
However, USCIS still requires employers to comply with Department of Labor (DOL) wage and labor condition requirements before filing any H-1B petition.
Official DOL Reference: DOL – H-1B Program Overview
5. Why This Policy Matters for the Future of U.S. Immigration
This USCIS relief shows a forward-looking approach: supporting high-skilled immigration while maintaining accountability.
It reinforces three key goals:
- Retaining U.S.-educated global talent.
- Supporting employer growth through visa stability.
- Building an AI-ready, tech-savvy workforce for 2026 and beyond.
For foreign graduates, this means career continuity; for employers, it means a more dependable talent pipeline.
Conclusion: MolinaTek Helps You Navigate Visa and Workforce Transitions
At MolinaTek, we understand how rapidly immigration policy can shift—and how essential clarity is for both talent and employers.
Our team helps bridge the gap between U.S. businesses and global professionals through:
- H-1B and F1-to-H-1B transition guidance
- Employer compliance support
- Strategic workforce placement for IT and technology roles
We make sure your staffing and visa processes remain compliant, cost-effective, and future-ready.
Contact MolinaTek today to secure your hiring and immigration strategies with expert guidance.
Disclaimer:
This article is for informational purposes only and does not constitute legal advice. For individual cases, always consult a licensed immigration attorney or official USCIS guidance.
Frequently Asked Questions (FAQ's)
The USCIS relief for F1 and H1B holders refers to the recent clarification that individuals already residing in the U.S. are exempt from paying the proposed $100,000 H-1B filing fee. This applies to those transitioning from F1 to H1B status and existing H1B visa holders extending or transferring their petitions.
You qualify for the exemption if:
- You’re already in the United States on an F1 student visa and are changing status to H1B.
- You’re a current H1B visa holder filing for an extension, amendment, or transfer.
Only new H1B petitions filed from outside the U.S. are subject to the proposed $100,000 filing fee.
Yes. U.S.-based employers filing for current H1B workers or F1 graduates within the country are not required to pay the $100K filing fee. This ensures that hiring or extending employment for foreign professionals remains cost-effective and compliant.
F1 students benefit because their Change of Status (COS) from F1 to H1B remains unaffected by the new fee. It means smoother visa transitions, greater employment opportunities, and a higher likelihood of sponsorship from U.S. companies who no longer face additional financial pressure.
Currently, USCIS has clarified the scope and applicability of the fee, not imposed a new charge. This relief applies as long as the policy framework remains unchanged. Future revisions will be announced through the official USCIS website.