OPT, F-1 student visa holders moving to H-1B will not trigger $100K fee

International students in the United States stand to benefit from the new $100,000 H-1B petition fee. US authorities have clarified that foreign students currently in the US on an F-1 visa can be employed by a US employer without the requirement of a $100,000 petition fee. The foreign students may be studying or enrolled in an OPT program.

From an F-1 visa, students can transition to an H-1B visa. In guidance from USCIS on October 20, it was clarified that the recent $100,000 petition fee will not affect “change of status” cases, such as F-1 students transitioning to H-1B skilled worker visas.