Nov 2026 bulletinEB-2 · India 01 Nov 2013 · China 01 Oct 2021 · Rest of world 01 Apr 2025PERM~10.0 months

Explainers / Policy

The $100,000 H-1B fee: where it stands

A 2025 proclamation required a $100,000 payment on certain new H-1B petitions. A federal court vacated it in June 2026; the proclamation was extended to 2027 but the fee is not being collected.

Last verified 2026-09-26 Reviewed September 30, 2026 General guidance, not legal advice. Always check with a qualified attorney

Timeline

DateWhat happened
Sep 19, 2025Presidential proclamation requires a $100,000 payment for certain new H-1B petitions
Jun 8, 2026US District Court in Massachusetts vacates the policy in California v. Mullin, finding the implementing actions unlawful
Jul 24, 2026The First Circuit declines to pause that ruling while the government appeals
Sep 18, 2026The proclamation is extended through September 2027

Who it applied to

The fee was aimed mainly at new petitions for workers outside the US who would get their visa at a consulate. People changing status inside the US, such as F-1 students moving to H-1B, and H-1B extensions and transfers, were generally not covered. Exceptions could be requested on national-interest grounds.

Where it stands now

Because of the court’s vacatur, employers are not currently required to pay the $100,000 when filing. The government’s appeal is pending at the First Circuit, and a ruling for the government could bring collection back. Separately, a proposed $103,265 fee for cap-subject petitions is moving through the regulatory process.

What it means for you

  • If you’re in the US on F-1 or H-1B, the fee likely never applied to your case.
  • If you’re abroad and hoping for a new H-1B, employers may still be cautious about sponsoring until the appeal is decided.

We update this page and the policy timeline as the case moves.

The good

  • The fee is not being collected while the court order stands
  • Most people changing status inside the US were never covered
  • A court has found the policy unlawful

The hard

  • The government's appeal is still pending
  • The proclamation itself was extended through September 2027
  • A separate proposed $103,265 fee for cap-subject petitions is moving through rulemaking

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Sources

  1. DiRaimondo & Schroeder: Proclamation extended through September 2027, fee remains blocked
  2. CUPA-HR: Federal court vacates H-1B $100,000 fee policy
  3. American Immigration Council: USCIS implements the $100,000 fee
  4. Lighthouse: H-1B fee breakdown for 2026 ($100K fee scope)

Rules change often. If something here looks out of date, it probably is; check the official source and talk to an immigration attorney about your own case.