H-1B $100,000 Fee: Current Status (September 2026)
The $100,000 payment for certain new H-1B petitions, created by a September 19, 2025 presidential proclamation, is not being collected as of September 22, 2026. A federal court in Massachusetts vacated the policy on June 8, 2026, and the First Circuit refused to pause that ruling on July 24, 2026. A new proclamation on September 18, 2026 extended the fee to September 21, 2027, and DHS says it will collect the fee if the court order is lifted.
On this page
- Amount
- $100,000 per covered petition, paid by the employer
- Original proclamation
- Proclamation 10973, signed Sept 19, 2025
- Covered petitions
- Mainly new petitions filed on or after Sept 21, 2025 for workers outside the US
- Court status
- Vacated by D. Mass. June 8, 2026; stay denied by 1st Circuit July 24, 2026
- Opposite ruling
- D.D.C. upheld the fee in Dec 2025; appeal at the D.C. Circuit
- Extension
- Sept 18, 2026 proclamation extends it to Sept 21, 2027
- Being collected?
- No, as of Sept 22, 2026
Timeline
| Date | Event |
|---|---|
| Sept 19, 2025 | Proclamation 10973 requires a $100,000 payment for certain new H-1B petitions, for 12 months |
| Sept 21, 2025 | The payment applies to covered petitions filed from 12:01 a.m. Eastern time |
| Dec 2025 | The US District Court for the District of Columbia upholds the fee in a case brought by business groups; the plaintiffs appeal to the D.C. Circuit |
| June 8, 2026 | In a lawsuit brought by a group of states, the US District Court for the District of Massachusetts vacates the policy nationwide |
| June 12, 2026 | The Massachusetts court briefly pauses its own order while the government seeks a stay |
| July 24, 2026 | The First Circuit denies the government's stay request; USCIS stops collecting the fee |
| Sept 18, 2026 | A new proclamation extends the fee requirement to Sept 21, 2027; a separate executive order tells agencies to consider employer layoffs in H-1B reviews |
Who the fee would apply to
When it was in effect, USCIS applied the payment to new H-1B petitions filed on or after September 21, 2025 where the worker:
- Was outside the United States and did not have a valid H-1B visa, or
- Was being petitioned for with consular notification (to get a visa abroad) or for pre-flight inspection or port-of-entry processing, or
- Had a requested change or extension of status denied
It generally did not apply to extensions, amendments, or employer changes for workers already in the US in H-1B status, or to approved changes of status inside the US (for example from F-1 to H-1B). The employer paid it through pay.gov before filing. Exceptions in the national interest were possible but rare.
What it means right now
- Employers can file H-1B petitions without the $100,000 payment, including for workers abroad, while the vacatur stands.
- The rule is not dead. The First Circuit still has to decide the appeal on its merits, the D.C. Circuit is reviewing the opposite ruling, and the Supreme Court could take the issue.
- DHS has said it will collect the payment if the order is lifted. It is unclear how a reversal would treat petitions filed while the fee was not collected.
- The USCIS fee schedule dated September 9, 2026 still lists the payment, with a separate notice that collection is halted by court order.
Other employer fees still apply, including the $215 registration fee and the regular I-129 fees. See H-1B lottery for the full fee table.
What to do now
Employers
- File on your normal schedule, and keep records showing when each petition was filed and where the worker was.
- Ask counsel whether a change of status inside the US is available for workers already in the country, since that route was outside the fee's main scope.
- If your company had layoffs, expect questions under the September 18, 2026 executive order.
Workers
- Do not pay any part of the fee yourself; it is an employer obligation.
- If you are in the US in another status, such as F-1 on OPT, avoid unnecessary international travel while a change of status is pending. See cap-gap.
- Consider alternatives where they fit: O-1A, L-1A, TN, or Canada's H-1B holder pathway.
Talk to a licensed US immigration lawyer before filing or traveling, since appeals can change the situation quickly.
What to watch next
- A First Circuit decision on the merits of the government's appeal
- A D.C. Circuit decision in the business groups' case
- Any request to the Supreme Court
- USCIS alerts on its H-1B page
See our news story on the September 2026 extension.
Frequently asked questions
Is the $100,000 H-1B fee still in effect?
The proclamation was extended to September 21, 2027, but USCIS is not collecting the payment as of September 22, 2026 because a federal court vacated the policy.
Who pays the $100,000 H-1B fee?
The employer. It was never meant to be paid by the worker.
Does the fee apply to H-1B extensions or job changes?
Generally no. It targeted new petitions for workers outside the US, not extensions or transfers for workers already in H-1B status.
Does the fee apply to F-1 students changing to H-1B?
Approved changes of status inside the US were generally outside its scope. If the change of status is denied, the fee could have applied.
Could the fee come back?
Yes. If an appeals court or the Supreme Court reverses the ruling, DHS says it will collect the payment.
Official sources
General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.