Who Must Pay the $100K H-1B Fee? Detailed Applicability Table

(UNITED STATES) A presidential proclamation imposed a mandatory $100,000 fee on most new H-1B cases tied to workers outside the country, effective 12:01 a.m. EDT on September 21, 2025. The order restricts the entry of H-1B nonimmigrants unless the employer’s petition is accompanied by proof of this extra payment, which is in addition to current U.S. Citizenship and Immigration Services (USCIS) filing fees.

The original order ran for 12 months. On September 18, 2026, the President extended it until September 21, 2027. Right now, though, the payment is not being collected: a federal court vacated the agencies’ implementing guidance on June 8, 2026, and USCIS says it will comply while the government appeals. The White House: Presidential Actions – Proclamations directed both the Department of Homeland Security (DHS) and the Department of State to verify that the $100,000 fee has been paid before approving a petition or issuing a visa, leaving companies with overseas hiring plans facing immediate and costly decisions.

Where the $100,000 fee stands now (October 11, 2026)

• Renewed on paper: Proclamation 11069 (signed September 18, 2026, 91 FR 60497) extends Proclamation 10973 for 12 months, until 12:00 a.m. EDT on September 21, 2027. Its terms match the 2025 order: H-1B entry is restricted unless the petition is accompanied or supplemented by a $100,000 payment, DHS restricts decisions on petitions for workers outside the United States that lack the payment, and DHS may grant national interest exceptions for a person, a company or an industry.
• Not being collected: on June 8, 2026, Judge Leo T. Sorokin of the U.S. District Court for the District of Massachusetts ruled for 20 states in State of California v. Mullin, No. 1:25-cv-13829, and vacated the DHS and State Department actions that impose the payment, including the USCIS memo, the USCIS H-1B FAQ, the fee schedule entry and the payment website. The court held the agencies’ actions unlawful, in part because the payment works as a tax that the immigration law does not authorize the President to impose.
• Stay denied: the court paused its own ruling briefly while the government asked for a stay. On July 24, 2026, the First Circuit (No. 26-1699) denied that request, finding the government had not made a strong showing it is likely to win. The appeal itself is still pending.
• What USCIS says: DHS “strongly disagrees” with both orders but “will comply with the court’s order while DHS considers next steps. If this order is later lifted, DHS still plans to collect the payment” (USCIS H-1B FAQ, updated July 28, 2026).
• Courts are split: in a separate case brought by the U.S. Chamber of Commerce and the Association of American Universities, a federal court in Washington, D.C. ruled for the government in 2025. The Massachusetts court did not treat that ruling as binding on the states.
• A different fee is only proposed: on August 25, 2026, DHS proposed a $103,265 fee (FR Doc. 2026-17324) for all H-1B cap-subject petitions, including advanced-degree cases, under different legal authority. It would not apply to cap-exempt petitions, and if a petitioner owed both, it would pay both. Comments closed September 24, 2026. It is not a final rule.

Whether employers must pay the $100,000 again depends on the First Circuit appeal and any later appeal. The tables below explain who the payment covered while it was being collected, and who it would cover if the court order is lifted.

H1B Visa $100,000 Fee Structure Table

The $100,000 H1B visa fee represents a seismic shift in U.S. immigration policy, but its application is surprisingly targeted rather than universal. The fee primarily impacts new H1B applicants coming from abroad and those requiring visa stamping at U.S. consulates overseas. Current H1B holders within the United States are largely protected from this financial burden, as renewals, extensions, transfers between employers, and re-entries with valid visas remain exempt from the substantial fee.

This selective implementation creates a two-tiered system that heavily penalizes fresh international talent while protecting the existing H1B workforce. Employers planning to hire new foreign workers will face dramatically increased costs, potentially reshaping hiring strategies and making domestic talent acquisition more attractive. Petitions filed before 12:01 a.m. EDT on September 21, 2025 were never subject to the payment. The table reflects the proclamation and USCIS guidance as they applied before the June 8, 2026 court order; USCIS is not collecting the payment while that order stands.

H1B Visa Cost Comparison Table

The introduction of the $100,000 H1B fee transforms what was once a manageable immigration expense into a prohibitive financial barrier for many employers. While traditional H1B costs typically ranged from $2,000 to $5,000 for most petitions, the new fee structure catapults total expenses to between $102,000 and $105,000 or more. This represents a cost increase of approximately 2,000-5,000%, making H1B hiring one of the most expensive employment decisions a company can make.

The stark contrast becomes even more pronounced when considering that all existing fees remain unchanged—the $100,000 addition is purely incremental cost with no corresponding benefit or service enhancement. This dramatic shift will likely force employers to fundamentally reconsider their international hiring strategies, potentially favoring internal transfers, alternative visa categories, or domestic recruitment. Only the largest corporations with substantial budgets may continue pursuing H1B petitions at scale, effectively pricing out smaller employers from accessing global talent.

H1B $100,000 Fee Exemptions Table

Only two groups had firm relief under the proclamation itself. USCIS says it does not apply to previously issued H-1B visas or to petitions submitted before 12:01 a.m. EDT on September 21, 2025, and it does not stop current H-1B visa holders from traveling in and out of the United States. Everyone else needed either the payment or a national interest exception.

Neither the 2025 proclamation nor the 2026 extension carves out universities, research institutions or nonprofits. Their only route was the discretionary national interest exception, which the Secretary of Homeland Security may grant for a person, a company or an industry. The separate $103,265 fee DHS proposed in August 2026 is different: it would apply only to cap-subject petitions and would not apply to cap-exempt filings. That proposal is not final.

Scope of the proclamation

• The proclamation reaches:
• All new H-1B petitions for workers currently outside the United States.
• H-1B visa applications at U.S. consulates and embassies that rest on those new petitions.
• Workers who must enter the country after the effective time to start work under those petitions. Holders of H-1B visas issued before then can still travel, according to USCIS.

• It covers both cap-subject groups:

• 65,000 standard cap

• 20,000 advanced degree exemption (U.S. master’s or higher)

• Cap-exempt petitions are not carved out either.

• Important clarifications:

• This is not a replacement for standard filing fees — it is an additional charge.
• Petitions filed without proof of the $100,000 payment will be restricted from approval.

Payment verification, documentation, and agency coordination

Employers are instructed to obtain and keep documentation showing the $100,000 fee was paid before filing an H-1B petition.

• Practical requirements for employers:
• Set up internal controls to match each petition to a specific payment record.
• Maintain evidence that will satisfy DHS and consular officers.

• How agencies will act:
• The State Department will verify fee payment during visa processing abroad.
• DHS will confirm payment at the petition stage with USCIS.
• Agencies are directed to coordinate reviews, creating a double check that may slow case movement during the early rollout.

Who is excluded

• H-1B workers already in the U.S. on the effective date are not subject to the new $100,000 fee. Employers may continue with extensions, amendments, and transfers for those employees.
• Change of status filings inside the U.S. from other visa types to H-1B were outside the fee’s reach under USCIS guidance, as long as the change of status was approved, since the proclamation focuses on entry into the United States after the effective date. That guidance was vacated on June 8, 2026.
• By contrast, anyone outside the United States planning to enter in H-1B status after 12:01 a.m. EDT on September 21, 2025 is within the new rule unless an exemption applies.

National interest exemption (NIE)

A broad national interest exemption gives the Secretary of Homeland Security flexible authority to waive the fee for:

• Individuals
• Specific companies
• Entire industries

• Exemption criteria (as stated in the proclamation):

• Hiring the H-1B worker is in the national interest and

• Does not pose a threat to U.S. security or welfare.

• Notes on exemptions:

• Neither the 2025 order nor the 2026 extension names any industry for relief.
• The scope and speed of exemptions depend on how DHS designs standards, required documentation, and the queue of requests.

Financial and operational impact on employers

• The $100,000 fee dwarfs standard H-1B filing costs (typically hundreds to a few thousand dollars).
• The fee is added on top of normal USCIS fees for:
• Form I-129 (petition for a nonimmigrant worker)
• Optional premium processing using Form I-907
• Consular processing already involves DS-160 and in-person interviews, adding time and complexity.

Likely employer responses in the near term:
1. Pause overseas H-1B hires.
2. Pursue changes of status for candidates already in the U.S.
3. Apply for DHS national interest exemptions.

How payment worked, and why it stopped

• USCIS issued guidance on the proclamation and, on October 20, 2025, added the payment to its fee schedule and launched an H-1B payment website.
• The White House says the payment was made for more than 700 petitions after the proclamation took effect.
• On June 8, 2026, the Massachusetts court vacated those documents, including:
• The USCIS memo and H-1B FAQ
• The G-1055 fee schedule entry and the payment website
• The State Department guidance to consular offices

USCIS says it is complying with the court order and is not collecting the payment, but DHS plans to collect it again if the order is lifted.

Legal challenges and where they stand

• Lawsuits challenged whether the executive branch can impose such a large payment without authorization from Congress.
• Reported concerns (NBC News): agencies can set fees to cover processing costs, not impose a barrier that effectively changes access to a visa category.
• Results so far:
• A federal court in Washington, D.C. ruled for the government in the Chamber of Commerce case in 2025. On June 8, 2026, the Massachusetts court ruled the other way and vacated the agencies’ guidance in State of California v. Mullin.
• On July 24, 2026, the First Circuit refused to pause the Massachusetts ruling. The government’s appeal is still pending, and the outcome is not settled.
• If a higher court lifts the order, DHS says it will collect the payment under the proclamation and its extension. Employers would then again face the choice to pay, delay hires, or move jobs abroad.

Review checkpoint and timeline

• Agencies must jointly recommend whether to extend or renew the restriction no later than 30 days after the next H-1B lottery following the proclamation.
• That review happened. The Secretaries of State, Labor and Homeland Security and the Attorney General jointly recommended an extension, and Proclamation 11069 followed on September 18, 2026. It sets the same 30-day review after the next H-1B lottery.

Policy objectives and debate

• Administration frame: protect U.S. jobs, reduce perceived misuse of H-1B, raise program standards, and focus on high-wage or national-priority roles.
• Supporters say the fee will encourage domestic hiring or limit sponsorship to critical roles.
• Critics say the fee will:
• Block growth in sectors dependent on scarce skills
• Reduce U.S. competitiveness for technical and research talent
• Hit mid-size firms and startups hardest

Sector-specific impacts

• Universities, research institutes, hospitals:
• Impact on rotating researchers and clinicians who move between overseas projects and U.S. labs/clinics.
• If DHS grants industry-wide exemptions for healthcare/advanced research, movements may continue; otherwise, research trials and clinical care could be disrupted.

• Tech companies:

• May shift work overseas or bring candidates in other statuses first and file change of status inside the U.S.
• The proclamation’s emphasis on entry after the effective date left room for change-of-status strategies under USCIS guidance, but that guidance was vacated in June 2026 and new guidance could differ.

Immediate planning steps for employers (recommended)

1. Identify all H-1B candidates who are outside the U.S. and slated to enter after the effective date.
2. Assess whether roles fit a likely NIE and gather supporting documents.
3. Review whether candidates can pursue change of status inside the U.S. instead of consular processing.
4. Structure internal approval processes so finance and legal can tie each $100,000 payment to a specific petition and retain records for audits.

Continued filing requirements and expected processing behavior

• USCIS will continue to require the standard petition package:
• Form I-129 with supporting evidence (specialty occupation, qualifications, LCA).
• Form I-907 for optional premium processing.
• Consular cases still require DS-160 and a visa interview.
• Both DHS and the State Department must confirm payment before approving a petition or issuing a visa.
• Expect more Requests for Evidence (RFEs) and administrative processing while officers verify fee receipts, especially during the initial rollout.

Questions employers and workers are asking

• Will DHS announce a clear list of critical sectors for exemption?
• Will company-wide relief require special certifications or audits?
• How long will it take to review exemption requests?
• What will consular interviews look like, and are travel plans safe?
• Will a payment system produce a receipt number trackable across USCIS and embassy systems?

Immigration lawyers are pressing for written guidance and a payment system that outputs a receipt number to reduce uneven adjudication.

Policy sunset and possible scenarios

• The original sunset of September 21, 2026 did not end the policy. The proclamation was extended to September 21, 2027.
• Agencies must deliver another joint recommendation within 30 days after the next H-1B lottery.
• Possible administrative responses:
• Narrow the fee
• Let it end on September 21, 2027
• Extend it again

Employer scenarios and examples

• Major defense contractor: pursue industry-wide exemption for program lines tied to national security.
• Multi-hospital system: seek company-wide protection to keep critical units staffed.
• Midsize software firm: defer overseas hires and invest in U.S. training.
• Startup with a short runway: may shift a role to a foreign subsidiary or delay product timelines.

Fiscal year planning implications

• If the fee remains through the next cap season, firms must decide whether to:
• Enter overseas candidates in the H-1B lottery (paying the fee if selected) or
• Limit entries to candidates already in the U.S. who can change status if selected.

This will affect workforce location, product timelines, and contract staffing.

Human impact

• Real-life consequences include:
• Researchers delayed from starting cancer trials
• Rural hospitals unable to fill specialist roles
• Startups relocating teams to avoid per-hire costs

These are not abstractions — they affect lives, projects, and local economies.

Compliance checklist (if policy remains in force)

• Confirm whether each candidate was inside or outside the U.S. on the effective date.
• Flag travel risks for current H-1B employees.
• Prepare national interest exemption requests with strong evidence.
• Track each $100,000 payment and link it to the relevant case.
• Plan for extra processing time while DHS and State verify fee receipts.
• Brief hiring managers that overseas hire offers may need senior-level approval.
• Consider alternate visa pathways with caution — they are not substitutes for most H-1B roles.

B visitor visas and enforcement risk

• The State Department’s guidance on B visitor visas will likely:
• Remind applicants that B status does not permit productive work in the U.S.
• Scrutinize short‑term entries that appear tied to jobs requiring H-1B
• Using B status to “wait things out” could lead to refusals or adverse impacts on future visa applications.

Change of status as a workaround

• For candidates already in the U.S. (e.g., F-1 OPT), a well-timed change of status filing may avoid the $100,000 fee since the proclamation targets entry after the effective date.
• This requires careful timing, clean documentation, and continued valid status until USCIS approves the change.

Alternative visa categories

• Employers may consider alternatives like:
• O-1 (extraordinary ability) — strict standards
• Treaty-based categories — limited applicability
• These are not practical substitutes for most routine H-1B roles.

Official resources

• White House: Presidential Actions – Proclamations
• USCIS forms:
• Form I-129 [Petition for a Nonimmigrant Worker]
• Form I-907 [Request for Premium Processing Service]
• State Department: DS-160 [Online Nonimmigrant Visa Application]

Final notes and recommendations

• USCIS is not collecting the $100,000 fee while the June 8, 2026 court order stands, but the appeal is pending and DHS plans to collect it if the order is lifted.
• Until the courts settle it:
• Avoid guesswork
• Keep thorough records
• Seek prompt legal advice
• The stakes are high for companies that depend on specialized skills and for H-1B workers whose careers and families depend on timely approvals.

As the policy takes shape, the immigration landscape will shift in ways that demand close attention, steady planning, and swift action when the rules allow it.