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Does the $100k H1B fee apply to 2026 lottery applications?

The fee does not apply to people who are in the US and eligible for a change of status when the full application is filed.

The $100k fee will not apply to applicants who meet the following criteria:

  1. Physically present in the US on the day the full application is filed during the filing window that stretches from April 1 - June 30;
  2. Request a change of status (for instance, changing from F1 OPT to H1B), or extension of status (if currently in H1B status with a cap-exempt employer); and
  3. Are eligible for a change or extension of status (meaning they have not violated their prior status in any way, and do not leave the US during the applciation process).

The good news is that under these rules, people working in OPT status through at least early April will not be subject to the fee as long as they have properly maintained their F1 OPT status.

Keep in mind that whether the $100k fee applies is determined after lottery selection, during the full H1B application processs. The applicant's physical location during the lottery selection process is irrelevant.