H-1B $100,000 Fee: Who Pays, Who's Exempt, and Layoff Impact Explained

• The USD 100,000 H-1B visa fee, effective September 21, 2025, applies to new petitions for beneficiaries outside the US without valid H-1B status.
• Employers are responsible for paying the fee, which is charged once per petition.
• Exemptions include existing H-1B holders, F-1 to H-1B transitions, and petitions filed before September 21, 2025.
• If laid off, H-1B workers have a 60-day grace period to find a new sponsor, change status, or leave the US.
• The fee likely applies if an H-1B worker is laid off, returns to India, and a new employer files a petition while they are outside the US, as they lack active immigration status for a change of status.

Why It Matters: The H-1B $100,000 fee primarily targets new petitions for workers outside the US after layoffs.