USCIS Offers F-1 Students Fee Relief — But One Misstep Could Cost $100K

US immigration authorities have confirmed that international students in the United States on F-1 visas will be exempt from the new $100,000 H-1B petition fee if they meet specific conditions when applying to change their status.

The clarification, which applies to petitions filed after 21 September 2025, offers relief to students moving from academic programmes into employment through Optional Practical Training (OPT) or a direct change of status to H-1B. The exemption covers applicants who maintain valid nonimmigrant status while filing a change of status, amendment, or extension from within the country. 

If the petition is approved under these circumstances, the fee will not apply, even if the individual later travels abroad and re-enters on the approved H-1B visa. However, the exemption is lost if the applicant falls out of lawful status or leaves the United States before their petition is decided, in which case the $100,000 fee would be required. 

The United States Citizenship and Immigration Services (USCIS) has emphasised that maintaining a valid status throughout the process is essential. Under existing immigration rules, non-immigrants admitted for a set period may apply to extend their stay or change their classification by submitting Form I-129 or Form I-539. 

Approval of these petitions remains at the discretion of USCIS, which assesses factors such as compliance history, purpose of stay, and overall eligibility.

The clarification may influence recruitment strategies among US employers by making it easier to hire skilled F-1 visa holders already based in the country. 

Many of these individuals, particularly those in STEM fields, are familiar with US workplace practices and can transition smoothly into professional roles.

From a policy standpoint, the measure aims to balance revenue collection with the goal of retaining high-skilled workers educated in the United States.