Overview
- Change‑of‑status filings for individuals already in the United States, including many F‑1/OPT transitions to H‑1B, are generally exempt if USCIS approves the request and the beneficiary does not travel during adjudication.
- The $100,000 payment is required for petitions filed for beneficiaries outside the United States or for cases requesting consular notification, port‑of‑entry notification, or pre‑flight inspection.
- Extensions and amendments for beneficiaries in valid U.S. status typically do not incur the charge, but USCIS will require payment if it finds the beneficiary ineligible for the requested status or if the person departs before a change‑of‑status decision.
- Previously issued, valid H‑1B visas and petitions filed before the September 21, 2025 effective date are not subject to the fee, and current H‑1B holders may continue international travel without an additional payment.
- National‑interest exceptions are available only under strict, discretionary criteria, and lawsuits challenging the proclamation, including one by the U.S. Chamber of Commerce, remain pending.