H-1B Visa Holders Beware: Stay In Status or Face $100,000 Fee, Warns Attorney
December 19, 2025
Immigration attorney Rebecca Chen advises H-1B visa holders to maintain a valid status while in the US. Even short lapses in status can force consular processing and a $100,000 supplemental fee. This fee applies to H-1B petitions filed for beneficiaries overseas and also affects those who lose status and must leave the US to regain it.
Chen points out a common mistake: many H-1B holders do not amend their petitions when they change work locations. In the past, leaving and re-entering the US after consular processing was easier, but new rules make this very risky.
Employers play a crucial role. Chen says, "Employers must ensure every job condition change is filed." This includes every new work site or remote location in a new Metropolitan Statistical Area, even if the job duties, title, and salary stay the same. Continuous LCA (Labor Condition Application) wage compliance is needed, meaning actual wages must always meet or exceed the LCA wage.
Onboarding, payroll, and HR teams need to be coordinated so that no location change happens without consulting immigration experts. The H-1B program does not allow unpaid status or reduced work hours without proper filing.
Chen explains, "If USCIS finds a worker lost status due to unfiled labor condition changes requiring consular processing, a $100,000 fee can be imposed."
She also highlights the importance of the 60-day grace period. This grace period allows H-1B holders to stay legally in the US for 60 days after losing status. During this time, they can switch to B-2, H-4, or F-1 visas to remain lawfully. If they find a new job in the US and file a new H-1B petition while present, the $100,000 fee does not apply.
In short, H-1B visa holders and their employers must stay alert to status rules and filings to avoid costly penalties and serious visa troubles.
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Tags:
H-1b visa
Immigration
Us Visa Rules
Visa Status
Employer Compliance
Fee
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