H-1B Visa Layoff Impact: $100,000 Fee Rules for Re-Entering the United States

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

Before answering the specific case, it’s important to understand where the H-1B visa fee applies and where exemptions exist.

Key Rules of the H-1B Visa Fee

An H-1B visa is valid for three years and can be extended to a maximum of six years.

The $100,000 fee rule came into effect on 21 September 2025.

It applies to new H-1B petitions filed on or after this date.

The fee is triggered when:

• The beneficiary is outside the U.S., and
• The petition involves consular processing, port-of-entry notification, or pre-flight inspection.

The fee is paid once per petition and must be paid by the employer, not the employee.

Who Is Exempt From the $100,000 H-1B Fee?

The fee does not apply in every situation. Exemptions generally include:

• Existing H-1B holders already in valid status
• F-1 to H-1B change-of-status cases
• Petitions filed before 21 September 2025
• Petitions filed as:
• Change of status
• Amendment
• Extension of stay

(even if filed after 21 September 2025), provided the applicant is inside the U.S.

So, Does the Fee Apply If You’re Laid Off and Outside the U.S.?

According to Ana Gabriela Urizar, senior immigration attorney at Manifest Law, the answer is yes, in most cases.

She explained that if an individual is outside the United States and the new employer files an H-1B petition that does not request a change of status or extension from within the U.S., the petition will likely fall under the scope of the Proclamation.

USCIS has clarified that any petition filed on or after 21 September 2025 that requires consular processing generally triggers the $100,000 fee.

“Unless the individual has a previously issued and currently valid H-1B visa that can be reused, the petition would typically be subject to the $100,000 fee,” Urizar said.

What If You Have a Valid H-1B Visa Stamp?

Even having a valid visa stamp does not always help.

If the individual is outside the U.S., they do not hold an active immigration status. As a result:

A change of status or extension cannot be filed

The employer must file a new petition

Consular processing becomes necessary, which usually triggers the fee

What Do AI Tools Like ChatGPT and Gemini Say?

ChatGPT’s Assessment

• ChatGPT concluded that the $100,000 fee would most likely apply, because:
• The individual left the U.S. after being laid off
• Their H-1B status ended after the grace period
• The new employer must file a new H-1B petition from abroad
• The petition will be filed after 21 September 2025

ChatGPT also emphasized the importance of consulting a licensed U.S. immigration attorney before making decisions.

Gemini’s Critical Warning

Gemini issued a strong caution:

• Leaving the U.S. while an H-1B transfer is pending can abandon a change-of-status request
• This may force the applicant into consular processing, triggering the $100,000 fee
• The 60-day grace period is crucial for avoiding this outcome
• When the $100,000 H-1B Fee May Not Apply

The fee generally does not apply if:

• You remain in the U.S. in valid H-1B status
• Your employer files a change of employer, extension, or amendment without you leaving
• A rare national interest exception is approved (subject to a separate waiver process)