The H-1B $100K fee exemption list of US has become a hot topic since President Trump’s September 19, 2025, executive order imposed a one-time $100,000 filing fee on new H-1B petitions starting September 21, 2025. Aimed at curbing “abuse” of the program, this fee targets employers sponsoring new foreign workers for specialty occupations. But not everyone pays up—USCIS clarified exemptions on October 28, 2025, sparing current visa holders, students, and certain high-need cases. If you’re an employer or applicant, knowing the H-1B $100K fee exemption list of US could save thousands. Below, we break down the full list, eligibility, and how to apply for waivers.
Background on the H-1B $100K Fee
The H-1B $100K fee applies to new petitions filed after 12:01 a.m. EDT on September 21, 2025, for initial H-1B visas or extensions requiring a new I-129 form. Previously, fees totaled $2,000–$5,000 (including $500 ACWIA, $780 I-129, and $2,805 premium processing). The new charge hits for-profit employers hardest, potentially slowing hiring in tech and healthcare. USCIS guidance emphasizes it’s a “national security measure” to prioritize U.S. workers. Exemptions protect ongoing talent pipelines.
Full H-1B $100K Fee Exemption List of US
USCIS’s October 22, 2025, FAQ outlines the H-1B $100K fee exemption list of US, focusing on continuity and critical needs. Here’s who qualifies:
- Current H-1B Holders: Any beneficiary of an H-1B petition filed before September 21, 2025, is exempt for extensions or status changes. Covers ~500,000 active visas.
- F-1 Students Changing Status: OPT/STEM OPT participants or F-1 visa holders transitioning to H-1B are waived, preserving pathways for ~200,000 annual graduates.
- Nonprofit Employers: Universities, research orgs, and 501(c)(3) nonprofits skip the fee entirely, as do government research entities.
- National Interest Waivers: Case-by-case exemptions for petitions advancing U.S. interests, like critical tech or healthcare shortages. Submit via email to USCIS with evidence (e.g., labor certification).
- Cap-Exempt Petitions: H-1B extensions for cap-subject employers or concurrent filings (e.g., L-1 to H-1B) avoid the fee if not a “new” initial petition.
| Exemption Category | Who Qualifies | Estimated Impact |
|---|---|---|
| Current H-1B | Pre-Sept 21, 2025 petitions | 85% of renewals |
| F-1 Students | OPT/STEM to H-1B changes | 40% of new caps |
| Nonprofits | Universities/gov research | 15% of filings |
| National Interest | Critical sectors waiver | Case-by-case |
How to Apply for H-1B $100K Fee Exemption
To claim on the H-1B $100K fee exemption list of US, include a cover letter with your I-129 petition citing the qualifying category. For waivers, email USCIS.NIW@uscis.dhs.gov with petition details and supporting docs (e.g., university affiliation letter). Processing adds 15–30 days; premium ($2,805) still applies if selected. Employers: Update payroll for compliance – audits ramp up in 2026.
Example Email Body to Claim H-1B Fee Exemption
Direct Mail Link
Common FAQs
A: Anyone with an H-1B petition approved before September 21, 2025, qualifies for extensions or changes without the fee – this covers renewals and cap-exempt transfers.
A: Yes, F-1 visa holders (including OPT/STEM) changing to H-1B status are exempt, ensuring smooth transitions for international graduates.
A: Universities, 501(c)(3) orgs, and gov research entities are automatically exempt – attach proof of status to your I-129 filing.
A: Submit a waiver request to USCIS.NIW@uscis.dhs.gov with evidence of U.S. benefit (e.g., STEM shortage role) – approvals take 2–4 weeks.
A: Exemptions waive only the $100K; premium processing ($2,805) is separate and still required for 15-day reviews.
What Do You Have to Do?
Review your H-1B timeline – if filing after September 21, 2025, confirm exemption status early to avoid fees. Employers: Budget for non-exempt hires; nonprofits, document 501(c)(3) proof. Applicants: Track USCIS alerts for cap season (March 2026). The H-1B $100K fee exemption list of US eases the burden for many – qualifying? Share your status in comments!