Confusion surrounding the hefty $100,000 fees for H-1B visas has been amplified since their introduction. A Reddit user recently raised a pertinent question: “My H-1B was approved in 2024. I arrived in the US in January 2025, but was laid off in August 2025. After returning to India, I received a new job offer starting in January 2026. Will I have to pay the $100,000 fee?”
To understand the implications of the situation, it’s essential to know the specifics of the H-1B visa and the newly imposed fee structure. First, an H-1B visa is valid for three years and can be extended for an additional three years, totaling six years. The requirement for the $100,000 fee began on September 21, 2025, and applies to new H-1B petitions filed for individuals outside the US without a valid H-1B status.
The fee does not apply universally; there are specific exemptions. For example, the $100,000 fee does not apply for every job transition. Notably exempted are F-1 to H-1B transitions and petitions filed before the fee requirement came into effect. Importantly, the fee does not apply to beneficiaries whose petitions involve a change of status, amendment, or extension of stay filed after September 21, 2025.
According to Ana Gabriela Urizar, a senior immigration attorney at Manifest Law, if an individual is laid off and is then outside of the US seeking new employment, the $100,000 fee is likely applicable. Urizar explains that upon layoff, the individual’s work authorization ends, triggering a grace period of 60 days or until the expiration of their I-797/I-94, whichever is shorter. Since the person in the Reddit scenario is outside the US and not filing for a change of status, they generally fall under the updated fee requirement as outlined by USCIS.
In the context of the Redditor’s situation, ChatGPT also concluded that the new employer will likely be subject to the fee when filing their H-1B petition from India. “Your previous H-1B status lapsed due to the layoff and expiration of the grace period,” it noted, confirming that this new petition will be treated as a fresh filing subject to the fee.
There are critical caveats to keep in mind. Gemini, another AI tool, warned that if someone travels outside the US while a change of status is pending, it may be considered abandoned, making re-entry via consulate necessary and thereby triggering the $100,000 fee. Additionally, an individual holding a valid H-1B must utilize their 60-day grace period effectively to avoid this new fee.
The fees may be avoided under specific circumstances. For instance, if an employee remains in valid H-1B status while their employer files for an extension or change of employer without leaving the US, the fee would not apply. Furthermore, there might be rare circumstances where the employer can claim a national interest exception, although this involves a separate waiver process.
While some guidance suggests that current visa holders outside the US might evade the fee if they do not require a new visa stamp, most legal interpretations indicate that consular processing will trigger the fee. Ultimately, anyone navigating this terrain should consult with an experienced immigration attorney to clarify their specific situation and obligations.
This article serves to distill complex immigration policies into actionable insights for those affected, emphasizing the importance of understanding the implications of H-1B visa fees in the ever-evolving landscape of US immigration law.
Original Source: https://www.livemint.com/news/world/h1b-visa-will-100-000-fee-apply-for-re-entry-if-youve-been-laid-off-and-outside-us-11768325786459.html
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Publish Date: 2026-01-14 11:44:00
