$100K H‑1B Fee Exemption: Why Studying in the USA Now Offers a Major Advantage

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A recent immigration reform is making headlines: a $100,000 fee on new H‑1B visa applications is now in effect. While the figure may seem alarming, there’s great news for international students already studying in the United States: the fee does not apply to those currently in the U.S. on F-1 or OPT status.

This unexpected change is being welcomed by many international students and study abroad consultants, as it makes the student visa USA pathway even more strategic for those aiming to live and work in the U.S.

Unlock Your F-1 Advantage

Who Pays the New H‑1B Fee – and Who Doesn’t?

The $100,000 H‑1B fee applies in limited circumstances:

Fee Applies If:

  • You’re filing a fresh H‑1B from abroad
  • You’re switching from OPT to H‑1B with stamping abroad
  • You’re re-entering the U.S. on an expired H‑1B
  • You’re applying for a green card via consular processing

No Fee If:

  • You’re already working in the U.S. on H‑1B
  • You’re transferring or extending your H‑1B inside the U.S.
  • You’re on OPT and changing status to H‑1B internally
  • You’re applying for a green card via I-485 in the U.S.

For Indian students and others on a visa to study in the USA, this is a key distinction: as long as your H‑1B petition is filed while you’re still inside the U.S., you avoid the $100K surcharge.

Why Studying in the United States Is Now a Smarter Investment

For those wondering how to apply for a study visa in USA, this new rule makes the F‑1 visa pathway more valuable than ever. Here’s why:

Less Global Competition for H‑1B Visas

With the new fee making it harder for companies to sponsor candidates from abroad, experts expect a 50% drop in overseas H‑1B applications. That means students already in the U.S. on F‑1 or OPT will have significantly better odds of getting picked in the H‑1B lottery.

OPT + H‑1B = No $100K Fee

Students pursuing Master’s in USA, including programs like an MS in data science in USA or MBA , can make the most of OPT and later apply for an H‑1B from within the country, without being impacted by the new $100K fee.

Better ROI for Study Abroad in the United States

The return on investment of a U.S. education just went up. With less competition from abroad and lower visa costs for in-country applicants, study in USA for Indian students becomes more strategic and rewarding.

Key Benefits for Indian Students Planning to Study Abroad

If you’re researching documents required for US student visa, this policy adds another incentive to go through the F‑1 process:

Path New Benefit
Student visa USA → OPT → H‑1B Avoids $100K fee, safer path to work in U.S.
MS in Data Science in USA 3 years OPT makes H‑1B timing easier
MBA in USA for Indian Students Can apply for internal H‑1B with no overseas fee
Working from India on H‑1B Now includes $100K fee risk

While the fee is currently active for 12 months, future changes are possible. Cases like OPT → H‑1B with stamping abroad are still under legal review, and “national interest” exceptions might create limited waivers.

It’s essential to stay updated via trusted Study Abroad Consultants or official government resources if you’re planning to study and work in the U.S.

Finance Your Study in USA

Caveats & What to Watch

  • The rule is temporary (12 months), unless extended
  • How “national interest” exemptions will be applied is still vague
  • Legal challenges are expected, since new visa fees usually require Congressional authorization
  • Some gray zones remain: e.g. OPT → H‑1B with consular stamping abroad may be subject to the fee depending on interpretation

Study in USA to Avoid the $100K H‑1B Barrier

If you’re serious about building your future in the U.S., studying in the United States is now the smartest way to get there. Students who enter on an F‑1 visa, complete their degree, and apply for H‑1B from inside the U.S. will avoid the new $100,000 fee, giving them a huge advantage over candidates applying from overseas.

At Nomad Credit, we help students with everything from finding the right education loan to guiding you through documents required for US student visa and preparing for OPT or H‑1B pathways.

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Frequently Asked Questions

Does the $100K H‑1B visa fee apply to international students in the U.S.?

No. If you’re already in the U.S. on an F‑1 visa and apply for H‑1B through a change of status (e.g., after OPT), you are not required to pay the $100K fee.


Will this new H‑1B fee affect my chances of getting a job in the U.S. after graduation?

Yes, positively. With fewer overseas applicants due to the high fee, your chances of being selected in the H‑1B lottery from within the U.S. may improve.


What if I need to travel abroad while on OPT or H‑1B? Will the fee apply when I return?

If you already have a valid visa stamp, you’re fine. However, if you travel and need new stamping abroad, the fee could apply, this is still under review.


Should I still pursue a student visa for the USA after this news?

Absolutely. In fact, studying in the U.S. is now more valuable, since in-country transitions to H‑1B let you avoid the new $100K fee entirely.


Will the $100K H‑1B fee apply to OPT to H‑1B transitions inside the U.S.?

No. If your employer files a change of status for you while you’re in the U.S., you are exempt from this new fee.


Does this fee make it harder for Indian students to work in the U.S. after graduation?

Not at all. In fact, it may make things easier, since you’ll have less competition from overseas applicants when applying for H‑1B from inside the U.S.


How long will the $100K H‑1B fee rule be in effect?

The policy is active for 12 months, but it could be extended or modified. Keep checking for updates or speak with a study abroad consultant for guidance.


 

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