The H-1B $100,000 fee: extended on paper, paused in practice

Last checked: 19 October 2026, Elena. Every point links to the official source.

If you've been following the H-1B story this year, you could be forgiven for feeling dizzy. In September the White House extended the $100,000 payment for another year. Yet two federal court orders stop USCIS, the agency that would collect it, from collecting it right now.

Both things are true at the same time. Here's how, what it means if you're hoping to work in the US, and the change that may matter more for your chances than the fee itself.

The short version

• The policy: a September 2025 proclamation requires a $100,000 payment with certain new H-1B petitions. On 18 September 2026 it was extended until 21 September 2027. (The White House, 18 Sep 2026)
• The reality today: two federal court orders, in Massachusetts and California, stop USCIS collecting the payment. USCIS says it is complying but will collect the payment if the orders are lifted. (USCIS H-1B FAQ)
• Who would pay: the employer, as part of the petition. It is not a cost a candidate should ever be asked to cover.
• The quieter change: the H-1B lottery now gives more entries to higher-paid offers.

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What the proclamation says

On 19 September 2025, a presidential proclamation made a $100,000 payment a condition for new H-1B petitions submitted after 12:01 a.m. Eastern time on 21 September 2025, including petitions from the 2026 lottery. (USCIS H-1B FAQ)

USCIS also set out what it does not do. It doesn't apply to H-1B visas already issued, or to petitions filed before that date. It doesn't change the fees for renewals. And it doesn't stop current H-1B holders travelling in and out of the US. (same source)

The new proclamation of 18 September 2026 keeps all of this going for another 12 months, to 21 September 2027. It says the payment has been made for "over 700 petitions" since 2025. It also tells USCIS to hold back decisions on petitions without the payment for workers who are currently outside the United States, and tells employers to get and keep proof of payment before filing for someone outside the US. (The White House)

Why it isn't being collected right now

Two federal court orders stop USCIS collecting the $100,000 H-1B payment. A Massachusetts court set aside USCIS's guidance on 8 June 2026 (the First Circuit refused to pause it on 24 July, and the appeal is open). A California court set aside the agency policies on 30 September 2026 and barred enforcement under both proclamations until a public rulemaking is done (the government appealed to the Ninth Circuit on 9 October). USCIS says it is complying but will collect the payment if the orders are lifted. The proclamations were not struck down, and the extension runs to 21 September 2027. A separate challenge by the US Chamber of Commerce lost in Washington, D.C., and its appeal was argued on 9 March 2026 and is undecided.

(USCIS H-1B FAQ; USCIS: H-1B specialty occupations; State of California v. Mullin, First Circuit No. 26-1699; Global Nurse Force v. Trump, N.D. Cal., order and notice of appeal; Ninth Circuit No. 26-6667; Chamber of Commerce v. DHS, D.C. Circuit No. 25-5473)

The change that may matter more: a weighted lottery

While the fee grabs the headlines, the way H-1B places are picked has changed. Under a rule published on 29 December 2025, used from the FY 2027 registration season, registrations are entered into the lottery according to the wage level of the offer: four entries at Level IV, three at Level III, two at Level II and one at Level I. Each person still only counts once. (Federal Register, 29 Dec 2025; USCIS: H-1B electronic registration)

In practice, a well-paid offer for an experienced specialist now has a much better chance in the draw than an entry-level offer. The registration fee is $215 per registration for the FY 2027 cap. (USCIS, same page)

One more cost employers are watching: since 9 September 2026, employers with 50 or more US staff, more than half of them on H-1B or L-1 status, must pay the 9-11 Response and Biometric Entry-Exit Fee on all H-1B and L-1 petitions, with a narrow exception for some amended petitions. (USCIS: H-1B specialty occupations)

What this means if you want a US job

If you're outside the US. Right now, court orders stop the $100,000 payment being collected, so it shouldn't be the reason an employer turns you down. But some employers will be cautious while the appeals are open, especially for roles that would need a new petition for someone abroad. Expect questions about timing, and expect the strongest interest in senior, well-paid roles, because the weighted lottery favours them too.

If you're already in the US on another status, such as F-1 or OPT. The 2026 proclamation's restriction on decisions covers workers who are currently outside the United States. USCIS's detailed guidance on who the payment applied to was set aside by the court in June 2026, and the payment isn't being collected while the court orders stand. Ask the employer whether they would file a change of status for you inside the US, and check the USCIS H-1B page on the day you decide.

If someone asks you to pay. Treat any request for a large "H-1B fee" from you, the candidate, as a red flag, and check with the employer directly. The job offer scam checklist walks you through it.

Smart moves while the dust settles

1. Target employers with a sponsorship track record. The USCIS H-1B Employer Data Hub shows which employers have filed H-1B petitions before.
2. Lead with seniority and salary. If you're experienced, apply at the level you are, not below it. A higher wage level means more entries in the lottery.
3. Know the other US routes. The O-1 visa covers people with extraordinary ability or achievement, and multinational employers can sometimes move existing staff on other routes. The USA country guide covers them.
4. Keep a second country on your list. Canada, the UK, Germany and Ireland all have employer routes for tech, engineering and healthcare. Compare them in the best countries for visa sponsorship jobs.
5. Set an alert. US roles that state sponsorship or relocation support come and go quickly.

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FAQ

Is the H-1B $100,000 fee still in effect? The proclamation has been extended to 21 September 2027, but two federal court orders stop USCIS collecting the payment. USCIS says it is complying but will collect the payment if the orders are lifted.

Who pays the $100,000? Under the proclamation, it goes with the employer's petition, and employers filing for someone outside the US must keep proof of payment. It is not a candidate cost.

Does it apply to H-1B renewals or people who already hold an H-1B? USCIS says it does not apply to visas already issued or petitions filed before 21 September 2025, does not change renewal fees, and does not stop current H-1B holders travelling.

Does it apply to F-1 or OPT students changing status? The 2026 proclamation's restriction on decisions covers workers who are currently outside the United States. USCIS's detailed guidance on who the payment applied to was set aside by the court in June 2026, and the payment isn't being collected while the court orders stand.

How has the H-1B lottery changed? From the FY 2027 season, registrations are weighted by wage level: four entries at Level IV down to one at Level I.