H-1B $100,000 fee explained: Who pays, who's exempt, and what happens after a layoff

Once an H-1B worker is laid off, their work authorisation ends and a mandatory 60-day grace period begins (or until the I-797/I-94 expiry date, whichever comes first)

• The $100,000 H-1B fee applies to new petitions filed after Sep 21, 2025
• Fee applies if beneficiary is outside US and lacks valid H-1B status.
• Existing H-1B holders and extensions within the US are exempt from the fee

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Ever since the rollout of the steep USD 100,000 H-1B visa fee, many applicants have been left puzzled about when it actually applies. A Reddit user recently raised a common concern that sheds light on the confusion. The individual shared that their H-1B was approved in 2024, they entered the US in January 2025, were laid off in August 2025, returned to India, and now have a fresh job offer starting January 2026. The key question: will the USD 100,000 fee apply in this situation? Here are all questions answered:

Q: Why has the $100,000 H-1B fee caused confusion?

The introduction of the USD 100,000 H-1B visa fee has raised widespread questions about when it applies and who must pay it. Mint notes that the confusion largely stems from job changes, layoffs, and situations where applicants move in and out of the US.

Q: What was the Reddit user's situation?

A Reddit user explained that their H-1B visa was approved in 2024. They entered the US in January 2025 but were laid off in August 2025. After returning to India, they received a new job offer starting January 2026. The user wanted to know whether the USD 100,000 H-1B fee would apply in their case.

Q: What is the basic validity of an H-1B visa?

Mint explains that an H-1B visa is typically valid for three years and can be extended for another three years, allowing a total stay of up to six years.

Q: When did the $100,000 H-1B fee come into effect?

The H-1B fee requirement began on September 21, 2025, Mint reports.

Q: Who does the $100,000 fee apply to?

Mint clarifies that the fee applies to new H-1B petitions filed on or after September 21, 2025, for beneficiaries who are outside the United States and do not have a valid H-1B stay. The fee is charged once per petition and must be paid by the employer.

Q: Does the fee apply to every job change?

No. Mint notes that the USD 100,000 fee does not apply to all job switches.

Q: Who is exempt from the $100,000 H-1B fee?

Mint outlines several exemptions:

•Existing H-1B holders

•F-1 to H-1B transitions

•Petitions filed before September 21, 2025

•Beneficiaries approved through a change of status, amendment, or extension of stay, even if filed on or after September 21, 2025

Q: What happens to H-1B status after a layoff?

Mint explains that once an H-1B worker is laid off, their work authorisation ends and a mandatory 60-day grace period begins (or until the I-797/I-94 expiry date, whichever comes first). During this period, the individual must find a new sponsor, change status, or leave the US.

Q: Is the $100,000 fee applicable if the person is laid off and outside the US?

Mint cites Ana Gabriela Urizar, senior immigration attorney at Manifest Law, who said the fee would likely apply in such cases. If the individual is outside the US and the new employer files an H-1B petition that does not request a change of status or extension from within the US, the petition would generally fall under the Proclamation and trigger the fee.

Q: Why does being outside the US matter?

Urizar told Mint that USCIS has clarified the fee applies to petitions filed on or after September 21, 2025, that request consular notification, port-of-entry notification, or pre-flight inspection-common in cases where the worker is abroad.

Q: What if the person has a valid H-1B visa stamp but is outside the US?

Mint highlights that even a valid visa stamp may not prevent the fee from applying. Urizar explained that a person outside the US does not hold an active immigration status, meaning a change of status cannot be filed. Extensions or amendments with a change of status require the individual to be physically present in the US.

Q: When might the $100,000 H-1B fee not apply?

Mint notes the fee generally does not apply if:

•The individual remained in the US in valid H-1B status and the employer filed an extension, amendment, or change of employer without the person leaving the country

•The employer successfully obtains a national interest exception, although Mint points out this is rare and involves a separate waiver process