Frequently Asked Questions
We have drafted an FAQ to help Ohio University understand the H-1B Proclamation and when the $100,000 filing fee is required.
If an employer files an H-1B change of status petition in the future for an F-1 student on OPT or STEM OPT is the $100,000 required?
No. So long as the F-1 student is in valid status and eligible to change status in the U.S., the $100,000 fee does not apply.
If a foreign national is outside of the U.S. without status, and an employer hopes to file an H-1B petition for that foreign national, is the $100,000 fee required?
Yes. If the H-1B beneficiary (employee) is required to consular process or appear at a port-of-entry to obtain their H-1B status, the fee will be required.
If I received an F-1 visa stamp after the effective date of the Proclamation (September 21, 2025), and an employer later files an H-1B petition for me while I am in the U.S., will the $100,000 fee apply?
So long as the petition is being filed as an amendment, extension, or change of status, the fee should not apply. The October 20, 2025 USCIS guidance does not provide any stipulations that require the foreign national to already be in the U.S. or already have their visa status prior to September 21, 2025 (the H-1B Proclamation effective date). In fact, the guidance states the fee “does not apply to a petition filed at or after 12:01 a.m. eastern daylight time on September 21, 2025, that is requesting an amendment, change of status, or extension of stay for an alien inside the United States.”
Will a current H-1B beneficiary or a future H-1B beneficiary of an H-1B petition amendment, change of status, or extension of stay require the $100,000 filing fee?
No. Based on the guidance, it appears the fee does not apply to petitions requesting an amendment, change of status, or extension of stay within the U.S. If the individual is outside of the U.S. or if a change of status is unable to be granted (for example, if someone holds TPS and cannot change status to H-1B inside the U.S.), then the fee would be required.
Will current (or future) H-1B visa holders be prevented from leaving the U.S. and re-entering if the $100,000 filing fee is not paid?
No. For those who received their H-1B status in the U.S. via a change of employer, change of status or amendment/extension petition, travel abroad does not trigger the need to file the $100,000 filing fee. However, if a beneficiary of a change of status petition departed the U.S. prior to approval, then they would be subject to the $100,000 fee as the petition would be approved for “Consular Processing” rather than as a change of status.