OPT to H-1B: Steps, Timeline and the $100,000 Fee

Updated 2026-10-214 min readNot legal advice in W X

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Most OPT workers move to H-1B in three steps: a March lottery registration, a petition after selection, and a change of status. The process follows a fixed yearly calendar. Missing one step usually means waiting a full year.

Find employers that sponsor students on OPT

Every job is from an employer that filed H1Bs in 2025. See which ones fit your resume.

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Who can move from OPT to H-1B

H-1B is for a specialty occupation. USCIS says the job must require at least a bachelor's degree in a directly related specialty.

Your employer must also get a certified Labor Condition Application from the Department of Labor. It must pay at least the actual wage for similar workers or the prevailing wage, whichever is higher.

Most private employers are subject to the yearly cap. Universities, their affiliated nonprofits, nonprofit research organizations and government research organizations are cap-exempt. They can file at any time of year. You can search past filers on our H-1B sponsors page at /h1b-sponsors.

Step-by-step timeline

The dates below are from the FY 2027 season, which ran in spring 2026. Future seasons follow a similar pattern, but USCIS announces exact dates each year.

March: your employer submits an online registration for you. For FY 2027 the window ran March 4 to March 19, 2026. The fee was $215 per registration.
By March 31: USCIS notifies employers whose registrations were selected.
From April 1: the employer can file the full H-1B petition. The filing window is at least 90 days.
April 1 onward: a timely petition that asks for a change of status triggers cap-gap. It extends your F-1 status and OPT work permission.
October 1: the earliest H-1B start date. For FY 2027, USCIS required a start date no earlier than Oct. 1, 2026.

Top H-1B sponsors, 2025US Department of Labor data

Employer	H-1B filings	Transfers	Median pay
Amazon.Com Services LLC	14,047	2,382	$155k
Cognizant Technology Solutions US CorpGC frozen	10,209	872	$110k
Ernst & Young U.S. LLP	9,808	269	$143k
Google LLC	7,899	844	$186k
Microsoft CorporationGC frozen	7,840	879	$173k
Tata Consultancy Services LimitedGC frozen	7,287	353	$86k

Every sponsor, with their open jobsSee the list ›

How selection works now

Starting with FY 2027, selection is weighted by wage level. A registration at wage level IV enters the pool four times. Level III enters three times, level II twice, and level I once.

Each person still counts once toward the cap. The wage level comes from the offered salary for the job's occupation code and work location. Our guide at /h1b/h1b-wage-based-lottery explains the levels in more detail.

Change of status versus consular processing

A petition can ask USCIS to change your status inside the U.S. It can also ask for consular notification, so you get a visa stamp abroad.

Most OPT workers use change of status. Cap-gap only covers petitions that request a change of status, not consular processing.

Leaving the U.S. while a change of status is pending can be a problem. USCIS lists departure before a decision as one way to become ineligible for the change.

Does the $100,000 fee apply?

As of October 2026, the fee is not being collected, and it likely would not apply to a typical OPT change of status anyway. The situation is still unsettled.

A presidential proclamation signed Sept. 19, 2025 required a $100,000 payment with certain new H-1B petitions filed after 12:01 a.m. Eastern on Sept. 21, 2025.

USCIS guidance applied it to beneficiaries outside the U.S. without a valid H-1B visa. It also applied it to petitions requesting consular notification.

USCIS said it does not apply when a change of status is granted to someone inside the U.S. It does apply if USCIS finds you ineligible for the change. Examples include not being in valid status or leaving before a decision.

On June 8, 2026, a federal court in Massachusetts vacated the agency guidance implementing the payment. On July 24, 2026, the First Circuit denied the government's request for a stay.

USCIS says DHS will comply while it considers next steps. It also says DHS still plans to collect the payment if the order is later lifted.

On Sept. 18, 2026, the proclamation was extended to Sept. 21, 2027, according to law firm reports. It is unclear how the extension interacts with the court order. Our page at /h1b/h1b-100k-fee tracks updates.

If you are laid off before your H-1B starts

An H-1B petition belongs to the employer that filed it. If that employer lets you go before your start date, it will usually withdraw the petition.

Withdrawal ends cap-gap. If your OPT card is still valid, you are back on regular OPT until it ends. Unemployment days keep counting: 90 on OPT, 150 in total with STEM OPT.

Timing matters. The University of Utah advises making sure USCIS gets the withdrawal before the change of status takes effect. If it does not, you may need to stop working and apply for F-1 reinstatement.

Whether a new employer can file without a new lottery depends on whether you were counted against the cap. Ask an immigration attorney quickly. See cap-gap rules.

Not selected and OPT is running out

If you are not picked and your OPT or STEM OPT is ending, you still have paths. Each has its own rules.

Cap-exempt employers: universities, their affiliated nonprofits and nonprofit or government research groups file without the lottery. See cap-exempt employers.
STEM OPT: if you are on initial OPT with a STEM degree, the 24-month extension can cover two more seasons.
O-1: for people with strong evidence of extraordinary ability, such as awards or high pay. There is no lottery.
Country-based options: TN for Canadian and Mexican citizens, E-3 for Australians and H-1B1 for citizens of Chile and Singapore.
Dependent status: if your spouse holds H-1B, L-1 or another work status, you may be able to change to their dependent status.
Work abroad: after a year at an employer's office overseas, an L-1 transfer may be possible.
After OPT ends, you generally have a 60-day grace period to leave, change status or start a new program. You cannot work during it.

Practical tips

Ask early whether your employer will register you in March.
Keep your OPT valid and avoid unemployment gaps while the case is pending.
Talk to your DSO and the employer's attorney before any international travel.
If you are not selected, ask whether a STEM OPT extension or a cap-exempt employer could give you another option.

This article is general information, not legal advice. Confirm your situation with your DSO or an immigration attorney.

Questions

When can I start working on H-1B after OPT?

For a cap-subject petition, the earliest start date is October 1 of the fiscal year. For FY 2027, USCIS required a start date no earlier than Oct. 1, 2026.

Does the $100,000 H-1B fee apply to F-1 change of status?

Under USCIS guidance, it does not apply when a change of status is granted inside the U.S. As of October 2026, a court order also blocks collection of the fee, but litigation continues.

What happens if I am not selected in the lottery?

You do not get cap-gap that year. You can keep working on any valid OPT or STEM OPT and try again in a later season, or look at cap-exempt employers.

Can I travel while my change of status is pending?

USCIS lists departing before a decision as a reason a change of status can be denied. Talk to an immigration attorney before you travel.

What happens if I am laid off before my H-1B start date?

Your employer will usually withdraw the petition, which ends cap-gap. If your OPT card is still valid, you can return to OPT and keep looking, but unemployment days keep counting.

My STEM OPT is ending and I was not selected. What are my options?

Look at cap-exempt employers, which file without a lottery, and at O-1 or country-based visas such as TN, E-3 or H-1B1. A dependent status may also work if your spouse qualifies.