New guidance from the federal government clarifies that companies can hire international students who are studying in the US or have recently graduated without paying the new $100,000 H-1B visa fee. A preferred path to a work visa is created for international students with the announcement of this exemption.
This guidance applies to students currently in the US who are seeking H-1B sponsorship after graduation or during OPT.
As a result, companies looking to hire workers through the H-1B process will not have to pay the $100K fee when looking to hire international students. Fees will be applied for companies who hire workers who are currently living outside the US.
The fee would apply for international students who have graduated, ended their F-1 visa, and returned home, because they don’t have a current F-1 and are located outside the US.
H-1 B Guidance - October 2025 - Shorelight
Check out our one-page guide covering the latest policies impacting international students and employer-related H-1B visa fees.
DownloadNote that there are aspects of the rule that are still being challenged in court, so further changes could be coming. For now, however, international students currently in the US and hoping to work in the US can move forward in their hiring process without fear of additional fees.
Overall, this decision supports US global competitiveness and continues to allow top international talent to stay and pursue professional experience stateside.