US authorities have clarified that those on an F-1 visa can work for US companies without paying the charge while studying or engaged in an OPT program.
It has been clarified that if a petition filed after September 21, 2025, requests a change of status or amendment, or extension of stay, then $ the $100K H-1B petition fee will not apply.
This allows students currently in the US holding an F-1 visa to be the prime target for US employers.
Generally, certain nonimmigrants present in the United States admitted for a specified period of time, or their petitioners, may request an extension of their admission period to continue to engage in those activities permitted under the nonimmigrant classification in which they were admitted.
Also, certain nonimmigrants present in the United States or their petitioners may seek to change their status to another nonimmigrant classification if certain requirements are met.
An alien seeking an extension of stay (EOS) or change of status (COS) generally files the request on a Petition for a Nonimmigrant Worker (Form I-129) or Application to Extend/Change Nonimmigrant Status (Form I-539), depending upon the nonimmigrant classification the petitioner or applicant seeks to extend or change.
However, there’s a catch here as a key condition has to be met. The decision to grant or deny an extension of stay or change of status request involves an exercise of discretion by USCIS. There are a number of factors or factual circumstances that USCIS officers consider when conducting a discretionary analysis.
USCIS will determine the eligibility of the change of status request. If the foreign national is ineligible for a change of status or an amendment or extension of stay, then $ the $100K H-1B petition fee will apply.
If the foreigner is not in a valid non-immigrant visa status or if the foreigner has departed the United States before adjudication of a change of status request, USCIS will deny the request for change of status, extension etc, and the $100k fee will apply.
But, the Proclamation will not apply to a petition filed after September 21, 2025, where the request for an amendment, change of status, or extension of stay for a foreigner inside the United States is granted such amendment, change, or extension.
Further, the foreign national of such a petition will not be considered to be subject to the payment if he or she subsequently departs the United States and applies for a visa based on the approved petition and seeks to re-enter the United States on a current H-1B visa.