H1B FEES — STATUS TRACKER
Does the H1B $100,000 fee come out of your paycheck?
Short answer: no — even when it applies, it's an employer filing cost, not a payroll deduction. But whether it applies at all is currently in legal limbo. Here's the exact, current status.
Status verified: September 2026 — this page is updated as the litigation and rulemaking develop.
Current status
The original $100,000 fee is not being collected right now.
A federal court vacated the policy on June 8, 2026, and the First Circuit Court of Appeals declined to pause that ruling on July 24, 2026. The fee remains blocked while the appeal continues — but a separate, differently-structured $103,265 fee proposal was announced August 25, 2026, and is not yet in effect either. Nothing is currently owed under either mechanism. Verify the latest at the USCIS H-1B FAQ page before relying on this for a filing decision.
How this started
On September 19, 2025, a Presidential Proclamation imposed a one-time $100,000 payment requirement on certain new H1B petitions, effective September 21, 2025. It was created by executive action, not through the normal DHS rulemaking process, which is part of why it's since been challenged in court.
Who it applied to when it was active
- Only new H1B petitions for workers outside the US who needed consular processing (a visa interview at a US embassy/consulate) to enter.
- Not extensions, amendments, or most change-of-status petitions for people already inside the US on another visa (like F-1 or L-1) — USCIS clarified this specifically, exempting most F-1 students changing to H1B.
- The employer pays it — federal immigration law prohibits employers from passing petition fees to the employee.
Timeline
SEP 19, 2025
Presidential Proclamation 10973 signed, creating the $100,000 fee.
SEP 21, 2025
Fee takes effect for qualifying new petitions.
LATE 2025
USCIS clarifies most F-1 students and change-of-status petitions are exempt. Multiple lawsuits filed, including by the US Chamber of Commerce.
JUN 8, 2026
US District Court (Massachusetts) vacates the fee, ruling it functioned as an unauthorized tax imposed without required rulemaking.
JUL 24, 2026
First Circuit Court of Appeals denies the government's request to pause that ruling — the fee stays blocked during the appeal. A separate DC-based case reached the opposite conclusion, creating a circuit split.
AUG 25, 2026
DHS proposes a new, separate $103,265 fee through formal notice-and-comment rulemaking — a different legal mechanism, intended to apply more broadly to all cap-subject petitions. Not yet in effect; still in the public comment period.
This is active litigation and an active rulemaking process. Either could change quickly — a court could lift the injunction on appeal, or the $103,265 proposal could be finalized. Don't make a filing or hiring decision based solely on this page without checking USCIS's current alert.
Old fee vs. new proposal — what's different
| Original $100,000 fee (2025) | Proposed $103,265 fee (2026) |
|---|
| Legal basis | Presidential proclamation (executive action) | DHS notice-and-comment rulemaking |
| Current status | Blocked by court order, on appeal | Proposed only, not yet finalized |
| Who it would hit | New petitions requiring consular processing (outside US) | All cap-subject petitions, regardless of location |
| Who pays | Employer | Employer (proposed) |
What this means if you're on OPT, F-1, or considering H1B sponsorship
If you're a student on F-1 status hoping to move to H1B through the annual lottery, USCIS's clarification specifically exempted most change-of-status petitions from the original fee — and that fee is inactive anyway right now. The bigger thing to watch is the new $103,265 proposal, since it's designed to apply more broadly than the original one did. Either way, this is an employer cost that affects whether a company sponsors you, not a deduction from your salary — it won't show up on your paystub or affect the numbers in our H1B take-home pay calculator.
Common questions
Is the H1B $100,000 fee active right now?
No. A federal court vacated it on June 8, 2026, and the First Circuit declined to pause that ruling on July 24, 2026, so it remains blocked while the case is on appeal. It could be reinstated depending on how the appeal and a separate circuit split resolve.
Does the fee come out of my paycheck?
No, even when active. It's a one-time filing fee the sponsoring employer pays with the I-129 petition — US immigration law prohibits employers from shifting petition fees onto the employee.
Am I exempt if I'm already on H1B status?
Yes. The fee only ever applied to new petitions for beneficiaries outside the US requiring consular processing. Extensions, amendments, and most transfers for people already in the US were exempt from the start.
What is the $103,265 fee, and is it the same thing?
No — it's a separate proposal announced August 25, 2026, created through normal DHS rulemaking rather than a presidential proclamation. It's not in effect yet and is still in its public comment period as of this page's last update.
Are F-1 students changing to H1B affected?
USCIS specifically clarified that most F-1 students changing status to H1B are exempt from the original fee, since change-of-status petitions for people already in the US generally don't trigger it.
Primary sources:
USCIS H-1B FAQ / alerts page (for the court-order status), Presidential Proclamation 10973 (Sept 19, 2025). Legal commentary cross-checked against BakerHostetler, Employment Law Worldview, and Ellis Porter analyses. This page reflects information available as of its last-updated date above and is not legal advice — consult an immigration attorney for a decision that affects your specific filing.