New $100,000 H-1B Fee Explained
Washington, D.C. — A new $100,000 fee on certain H-1B petitions is causing confusion for both workers and employers. The deciding factor is simple: whether the worker is inside or outside the United States at the time the petition is filed.
For example, if an Indian software engineer in Hyderabad is selected in the lottery, their U.S. employer must pay the $100,000 fee because the worker is abroad when the petition is submitted. The same rule applies if someone who previously held an H-1B leaves the U.S. and a company later files to bring them back.
On the other hand, those already in the country avoid the fee. An F-1 student changing status to H-1B, an employee filing for an extension, or a worker transferring to a new employer within the U.S. would not trigger the charge. Even if a petition is filed while the worker is in the U.S. and they later travel abroad for visa stamping, the fee does not apply.
In short, being outside the U.S. at the moment of filing comes with a $100,000 price tag, while being inside the country does not. Immigration experts warn this could make it far more expensive for American companies to hire talent directly from overseas, potentially shifting hiring preferences toward workers already in the United States.
Desi Samachar is a youth-led nonprofit organization. This article is intended for general informational purposes only and does not constitute legal advice. The information may not be complete, current, or applicable to every situation, and Desi Samachar is not responsible for any misinformation. Please consult a qualified immigration attorney to verify details and receive guidance specific to your circumstances.