Clarification on the New $100,000 H-1B Fee
There has been considerable confusion regarding when the newly introduced $100,000 H-1B fee is applicable. Below is a clear breakdown with practical examples to help employers and professionals navigate the process:
🔹 Scenario 1: New H-1B for a worker outside the U.S.
Example: An engineer in Hyderabad selected in the lottery.
✅ $100,000 fee applies.
🔹 Scenario 2: New H-1B for a worker already in the U.S. (Change of Status)
Example: An F-1 student applying for H-1B from within the U.S.
❌ No $100,000 fee.
🔹 Scenario 3: H-1B Extension / Renewal
Example: An H-1B worker in California applying for a 3-year extension.
❌ No $100,000 fee.
🔹 Scenario 4: H-1B Transfer to a New Employer
Example: An engineer in Texas moving to a different company.
❌ No $100,000 fee.
🔹 Scenario 5: Worker travels abroad during extension or transfer
Example: A worker files an extension in the U.S. and later goes abroad for stamping.
❌ No $100,000 fee.
🔹 Scenario 6: New petition filed after the worker has left the U.S.
Example: A former H-1B worker has been outside the U.S. for over a year, and a new petition is filed.
✅ $100,000 fee applies.
💡 Key Takeaway:
If the petition is filed while the worker is inside the U.S. → ❌ No $100,000 fee
If the petition is filed while the worker is outside the U.S. → ✅ $100,000 fee applies
This clarification should provide greater confidence to both employers and professionals in planning H-1B filings.
