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.
Timeline
| Date | What happened |
|---|---|
| Sep 19, 2025 | Presidential proclamation requires a $100,000 payment for certain new H-1B petitions |
| Jun 8, 2026 | US District Court in Massachusetts vacates the policy in California v. Mullin, finding the implementing actions unlawful |
| Jul 24, 2026 | The First Circuit declines to pause that ruling while the government appeals |
| Sep 18, 2026 | The 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
Recent from immigration lawyers
From independent law firms, newest first. Not reviewed by h1b-life, not legal advice and not an endorsement.
- DHS Proposes to End Deference to Prior Approvals on H-1B and Other I-129 ExtensionsReddy Neumann Brown · Nov 10, 2026
- Equity-Rich, Salary-Light: The H-1B Wage and SOC Code Audit for Senior Technology ExecutivesBerardi Immigration Law · Nov 9, 2026
- I have a valid H1B visa stamp showing my former employer’s name, and my new employer’s H1B petition has been approved. Do I need a new visa stamp before traveling?Murthy Law Firm · Nov 3, 2026
- H-1B 240-Day Rule: Can You Stay in the U.S. After Day 240?Reddy Neumann Brown · Nov 2, 2026
Sources
- DiRaimondo & Schroeder: Proclamation extended through September 2027, fee remains blocked
- CUPA-HR: Federal court vacates H-1B $100,000 fee policy
- American Immigration Council: USCIS implements the $100,000 fee
- 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.