New H-1B Visa Program Updates: Employers to Exempt from $100,000 Petition Fee for F-1 Students and Current H-1B Holders

Strategic Insights -

The Trump administration has released new guidance exempting US employers from paying the $100,000 petition fee when hiring F-1 students or extending the H-1B status of current holders. This move is expected to benefit international students and H-1B workers in the US, as they can now find new employment or change their status without incurring the significant fee. The new guidance, released on October 20, applies to petitions filed after September 21, 2025, and will benefit F-1 students who wish to switch to H-1B status and current H-1B holders seeking an extension of stay.

Key Takeaways:

  • US employers hiring F-1 students for the H-1B visa program will not be required to pay the $100k petition fee.
  • Current H-1B holders seeking an extension of stay will also be exempt from the $100k fee.
  • F-1 students interested in changing to H-1B status must have their prospective employer sponsor them and file a petition with USCIS.
  • Current H-1B visa holders who apply for an extension of stay will not be impacted by the new guidance.
  • H-1B visa holders have 60 days to find new employment, change status, or leave the country if they are laid off or quit their job.
  • The Proclamation applies to new H-1B petitions filed after September 21, 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa.
  • Nonimmigrants such as foreign students present in the United States or their petitioners may seek to change their status to another nonimmigrant classification.
  • H-1B status is valid for up to 3 years and can be extended up to another 3 years, for a total period of admission of 6 years in the US.

Statistics:

  • $100,000: the reduced petition fee for US employers hiring F-1 students and extending H-1B status.
  • 60 days: the time H-1B visa holders have to find new employment, change status, or leave the country if they are laid off or quit their job.
  • 3 years: the length of time H-1B status is initially valid.
  • 6 years: the maximum period of admission for H-1B holders in the US.

Sources:

  • "Proclamation Restricting Entry of Certain Nonimmigrant Workers," issued by President Trump on September 19, 2025.
  • "H-1B Guidance," released by the Trump administration on October 20, 2025.
  • IE Online Media Services Pvt. Ltd., distributed by Contify.com.