US$100,000 H-1B Visa Fee: Will You Have to Pay If You Were Laid Off and Are Living Outside the US?

Ever since the introduction of the hefty US$100,000 H-1B visa fee, many applicants have been left confused about when it applies and who is exempt. A recent Reddit post captured this uncertainty perfectly. The user explained 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 have now received a new job offer starting January 2026. The key question: Will the US$100,000 fee apply?

When Does the US$100,000 H-1B Fee Apply?

The US$100,000 H-1B fee came into effect on September 21, 2025. It applies to new H-1B petitions filed on or after this date for beneficiaries who are outside the US and do not hold a valid H-1B stay. Importantly, it is a one-time fee per petition and must be paid by the employer.

Who is Exempt From the Fee?

Not every H-1B filing attracts this cost. Exemptions include:

• Existing H-1B holders switching jobs within the US
• F-1 to H-1B transitions
• Petitions filed before September 21, 2025
• Extensions, amendments, or change-of-status petitions filed from within the US—even after September 21, 2025

What Happens After a Layoff?

When an H-1B worker is laid off, their work authorisation ends, triggering a 60-day grace period to find a new sponsor, change status, or leave the US. If the individual leaves the country and the grace period expires, their H-1B status lapses.

According to news reports from Livemint, if the worker is outside the US and the new employer files an H-1B petition requesting consular processing, the US$100,000 fee will likely apply.

Can the Fee Be Avoided?

The fee may not apply if the worker remained in the US and the employer filed a valid change-of-employer or extension petition during the grace period. National interest waivers are another option, though rare.

Read more: TCS Share Price in Focus After Collaboration with AMD to Scale AI Adoption.

Conclusion

In most cases, being laid off, leaving the US, and reapplying from abroad after September 21, 2025 will trigger the US$100,000 H-1B fee. Experts and AI tools alike stress the importance of acting quickly during the 60-day grace period and consulting an experienced US immigration attorney before making travel or employment decisions.

Disclaimer: This blog has been written exclusively for educational purposes. The securities or companies mentioned are only examples and not recommendations. This does not constitute a personal recommendation or investment advice. It does not aim to influence any individual or entity to make investment decisions. Recipients should conduct their own research and assessments to form an independent opinion about investment decisions.