Archive · 15 Jan 2026
H-1B Visa Fee Hike Drives Shift to O-1
The H-1B visa is a work visa for the US.
Recently, a new fee of $100,000 was introduced for certain cases.
This fee applies if you are outside the US and need a new H-1B visa after being laid off.
If you were laid off, your visa status ends, and you have a 60-day grace period to find a new job or leave the US.
If you leave the US and need a new H-1B visa, your new employer might have to pay this fee.
However, if you stay in the US and your employer files for an extension or change of employer, you might not have to pay the fee.
Due to this fee hike, many foreign workers are now considering O-1 visas, which have a high approval rate and are seen as a safer option.
It's important to check with an immigration lawyer to be sure.
The $100,000 H-1B fee applies to new petitions filed on or after September 21, 2025 for beneficiaries outside the US without valid H-1B status.
Laid-off H-1B holders have a 60-day grace period to find a new job or leave the US.
If you leave the US after being laid off and need a new H-1B visa, the $100,000 fee likely applies.
The fee does not apply if you are in the US and your employer files for an extension, amendment, or change of employer without you leaving the country.
O-1 visa approvals have reached an all-time high of 39,000, with over 90% approval rates, making it a popular alternative to the H-1B visa.
- Who
- H-1B visa holders and foreign skilled workers
- What
- Shift from H-1B to O-1 visas due to fee hikes and approval rates
- When
- After September 21, 2025, for new H-1B petitions
- Where
- United States and abroad (specifically for those outside the US)
- Why
- The $100,000 fee for new H-1B petitions and higher approval rates for O-1 visas
- Fee Amount
- $100,000
- Fee Start Date
- September 21, 2025
- Fee Applicability
- New H-1B petitions filed on or after September 21, 2025 for beneficiaries outside the US without valid H-1B status
- Grace Period
- 60 days (or until I-797/I-94 expiration, whichever is shorter)
- Exemptions
- Existing H-1B holders, F-1 to H-1B transitions, petitions filed before September 21, 2025, and certain changes of status or extensions filed on or after September 21, 2025
- O-1 Visa Approval Rate
- Over 90%
- O-1 Visa Issuance
- 39,000 (all-time high)
