New $100,000 H-1B Visa Rule: What International Students & OPT Holders Should Know

Visa rules can change fast, and it can be hard to keep up. As an international student, it’s important to stay informed about updates that could affect your future work options. To make things easier, ISO put together a simple Q&A and timeline that explains the recent H-1B rule changes and what they mean for you.

Timeline of Events

• September 19, 2025 – The Donald Trump Administration issued a presidential proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers,” announcing a new $100,000 fee for certain H-1B visa petitions. ¹
• September 21, 2025 (12:01 a.m. EDT) – The fee requirement became effective: any new H-1B petition filed from this date must include the additional payment, unless an exemption applies. ²
• September 20–22, 2025 – Federal agencies (U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, Department of State) issued clarifications:
  • The fee does not apply to current H-1B visa holders in the U.S. or petitions filed before September 21, 2025. ³
• October 16, 2025 – The U.S. Chamber of Commerce filed a lawsuit challenging the new fee requirement, arguing it exceeds executive authority and harms businesses. ⁴
• October 20, 2025 – USCIS issued updated guidance confirming that the $100,000 fee applies only to new H-1B petitions filed for individuals outside the United States.
  • Petitions filed within the U.S. — including change of status (e.g., F-1 to H-1B), extensions, or amendments — are not subject to the fee. ⁵

FAQs

If your H-1B petition was filed and approved in the U.S., and began before September 21, 2025:

• Status remains unaffected. You will just need to visit the consulate when you need to renew your H-1B.
• You may travel as needed, as long as your visa stamp and I-797 are still valid.

If your H-1B petition was filed in the U.S. before September 21, 2025, but not yet approved, and you were abroad:

• No impact — H-1B goes into effect and begins as stated on your I-797.

If your H-1B petition was filed after September 21, 2025, not yet approved, and you were abroad:

• You fall under the group subject to the new $100,000 fee.
• The proclamation and USCIS guidance specify that the fee applies only to new H-1B petitions filed for individuals outside the United States — those who need consular processing to obtain their visa.
• Your employer must include the $100,000 payment when submitting the petition to USCIS.
• You will not be allowed to attend your visa interview or receive the visa stamp until the payment is confirmed.

If you already hold an H-1B visa and are applying for an extension or amendment:

• USCIS confirmed that extensions, renewals, or amendments are not subject to the new fee.
• Your employer will continue filing standard Form I-129 fees as before.

If you are on F-1 OPT / STEM OPT:

• You can continue your OPT employment authorization period as usual.
• If your employer decides to sponsor you for an H-1B after September 21, 2025, the new fee will apply.

If you are still an F-1 international student:

• The rule does not affect your current student status.
• It may, however, impact the cost or timing of future sponsorship if you plan to work under H-1B after graduation.

Staying Protected

We understand that visa changes can be confusing and even stressful, but you can always rely on ISO Student Health Insurance to be a steady source of protection. Our plans are available for F-1, OPT, H-1B, and J-1 visa holders, as well as dependents (F-2, J-2, H-4). No matter how visa regulations change, ISO has a plan that fits your needs.

We’ll continue to monitor updates and share verified information on this page.