H-1B visa: Will $100,000 fee apply on re-entry if you’ve been laid off and are outside US?

SINCE its launch, the hefty $100,000 fee for an H-1B visa has triggered confusion for many. But a Reddit user had a typical query: “My H1-B was approved in 2024. I came to the US in January 2025, but was unfortunately laid off in August 2025. I travelled back to India and now have another job offer, starting from January 2026. Will the $100,000 fees apply in this case?”

We asked an immigration attorney, ChatGPT and Gemini for suggestions. Before delving into them, let's first understand where the H-1B visa fee applies (exemptions):

1. An H-1B visa is valid for three years and can be extended for an additional three years, totalling six years.

2. The H-1B fee requirement began on 21 September 2025.

3. It applies to new H-1B petitions filed on or after 21 September for beneficiaries outside the US who don’t have a valid H-1B stay.

4. It is a one-time fee per petition, paid by your employer.

H-1B visa fee: Who is exempted?

1. The $100,000 H-1B fee does not apply to every job switch.

2. Existing H-1B Holders

3. F-1 to H-1B Transitions

4. Petitions filed before 21 September 2025

5. The beneficiary receives approval of an H-1B petition filed as a change of status, amendment, or extension of stay, even if filed on or after 21 September 2025.

The answer: Is $100,000 fee applicable if you've been laid off and outside the US?

When a person has been laid off, their status and work authorisation end, triggering a mandatory 60-day grace period (or until your I-797/I-94 expiration, whichever is shorter) to find a new sponsor, change status, or leave the US.

A senior immigration attorney at Manifest Law, Ana Gabriela Urizar, told Mint the $100,000 fee would likely be applied because the individual is outside the United States and the new H-1B petition is not requesting a change of status or extension from within the US.

Urizar noted that USCIS has made it clear that the Proclamation applies to petitions filed on or after 21 September 2025, which request consular notification, port-of-entry notification, or pre-flight inspection. This is exactly the posture of most cases where the worker is abroad.

“Unless the individual has a previously issued and currently valid H-1B visa, the petition would generally fall within the scope of the Proclamation and trigger the $100,000 fee,” Urizar said.

But what if the person has been laid off, is now outside the US and has a valid visa stamp? “If the person is outside of the USA, has a new job and a valid visa stamp, you can’t file an extension or amendment with a change of status. You don’t have status because you are not in the USA, so you can’t change status because you have no status,” Urizar said.

What does AI suggest?

Now, to answer the Redditor's question, ChatGPTdeduced, “Yes, your new employer will most likely be subject to the $100,000 fee when filing your H-1B petition from India and requesting consular processing.”

The AI, however, suggested that an individual must always confirm with an experienced US immigration attorney before making decisions.

Why is your case likely to trigger the fee? ChatGPT explains:

On the Redditor's query, the AI tool said their situations required the H-1B visa fee to be paid because:

1. You left the US after yourlayoff,f and you are in India now.

2. Your previous H-1B status lapsed because you were laid off and used up your grace period.

3. Your new employer must file a new H-1B petition (likely with consular processing) for you to re-enter.

4. Because this petition will be filed after 21 September 2025 and you’re outside the US, the USCIS considers it a new petition subject to the $100K fee.

A 'critical warning'

Gemini issued a ‘critical warning’ on the subject, advising that the individual must not travel outside the US while their transfer is pending.

“If you leave, your 'Change of Status' may be considered abandoned, and you would be forced to re-enter via a consulate, which would trigger the $100,000 fee,” the AI tool revealed.

Additionally, if a person has been laid off and holds a valid H-1B visa, the 60-day grace period is your most critical tool for avoiding the $100,000 fee.

When $100,000 H-1B fee might not apply

The fee generally does not apply if:

1. You were still in the US in a valid H-1B status, and your employer filed an extension, amendment, or change of employer without you leaving the US.

2. Your employer can successfully claim a national interest exception, but this is rare and involves a separate waiver process.

Is there any catch to avoid the H-1B visa fee? ChatGPT suggests...

1. Some guidance suggests that current visa holders outside the US might avoid the fee if the petition doesn’t need a new visa stamp, but most lawyers and recent community reports interpret it to mean consular processing from abroad will trigger the fee.

2. If you still had a valid H-1B visa stamp and could use it without a new petition, then the fee wouldn’t apply — but since you’re switching employers, a new petition is required anyway.