Explainer · current as of July 2026
The $100,000 H-1B fee, without the panic: scope, exemptions, expiry
The September 19, 2025 presidential proclamation attached a $100,000 payment to certain new H-1B petitions — roughly twenty times the previous all-in government cost. It reshaped who sponsors and for whom. It also applies far more narrowly than most headlines implied. Here is the state of it as of mid-2026, from official sources.
The five facts that matter
- Effective date. Applies to qualifying petitions filed on or after September 21, 2025.
- Who it targets. New H-1B petitions for beneficiaries outside the United States. It is a one-time payment tied to the petition, not an annual charge.
- Who it spares. Per USCIS clarification (October 21, 2025), most beneficiaries already in the US changing status — including most F-1 students — are exempt, as are extensions, amendments, and transfers for existing H-1B holders.
- Expiry. The proclamation runs 12 months: it lapses in September 2026 unless extended, and it is litigated. Plans built on it are provisional by construction.
- Observable effect. DOL filings kept flowing — 199,471 certified H-1B LCAs in Oct 2025–Mar 2026 with a median offered base of $130,000 — but the mix shifted toward transfers and higher wage levels, consistent with employers protecting existing talent and senior hires.
Sources: the American Immigration Council analysis of the proclamation and the USCIS October 2025 clarification (BakerHostetler summary). Informational only — confirm your case with an immigration attorney.
What it means when you are holding an offer
- Already in the US (F-1, H-1B transfer)? The fee likely does not touch your case — your leverage question is the weighted lottery wage level, not the fee.
- Abroad? Ask directly whether the employer files from overseas at all in 2026 — many pause exactly that. Their recent filing record shows what they do, not what they say: request a brief and we include it.
- Negotiating?An employer paying $100K to file has every incentive to file at a defensible wage level — which aligns their interest with your salary ask more than at any point in the program's history.
Common questions
Does the $100K fee apply to my petition?
As announced, the fee attaches to new H-1B petitions for beneficiaries outside the United States filed on or after September 21, 2025. USCIS guidance from October 21, 2025 clarified that most beneficiaries already in the US who change status — including most F-1 students moving to H-1B — are not subject to it. Extensions, amendments, and transfers for people already in H-1B status are likewise outside its announced scope. The exact treatment of any single case is a question for an immigration attorney.
Is the fee permanent?
No — the proclamation runs for 12 months from September 21, 2025, so it lapses in September 2026 unless extended. It has also faced legal challenges. Treat any plan built around it as provisional and check the current state before acting.
How has it changed employer behavior?
Reporting through 2026 describes smaller employers pausing overseas H-1B sponsorship and larger ones reserving it for senior, higher-paid roles. Combined with the weighted lottery, the practical effect is that wage level and existing US status matter more than ever when evaluating an offer.
Does the fee change the lottery?
They are separate 2025–2026 changes that compound. The weighted lottery (effective February 2026) sets your selection odds by wage level; the fee changes which employers are willing to file at all, especially for candidates abroad. An offer's real value now depends on both.