What does the $100,000 H-1B fee actually mean in 2026?
A 2025 proclamation attached a $100,000 fee to certain H-1B petitions. The dust has settled enough to be clear about it. Here is exactly who pays, who is exempt, where the lawsuits stand, and which alternatives are worth weighing.
Team Jinee
Extraordinary Ability. Precisely Positioned.
April 2026
7 min read
$100,000
Fee on certain new petitions
Sept 21, 2025
Effective date ·
3+
Lawsuits challenging it
0
Fee for most in-US filings
On This Page
What the fee is
Who has to pay it
Who is exempt
Where the lawsuits stand
H-1B alternatives to weigh
Key takeaways
A September 2025 presidential proclamation introduced a one-time supplemental fee of $100,000 tied to certain H-1B petitions. It took effect on September 21, 2025, and as of 2026 it is in effect.
The key point is that the fee is narrow. It generally applies only to new H-1B petitions for beneficiaries outside the US who are requesting consular notification.
It does not apply to most change-of-status, extension, or amendment petitions for people already in the US. Multiple lawsuits are challenging it, and a federal court has so far upheld it while an appeal is fast-tracked.
The $100,000 fee is real, but it is narrow. Most of the fear it caused was about scope, and the scope turned out to be smaller than the headline.
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What is the $100,000 H-1B fee?
In September 2025, a presidential proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers” introduced a one-time supplemental fee of $100,000 associated with certain H-1B petitions. It is a payment required of the employer, not an annual tax.
The proclamation was deliberately structured around entry into the US rather than petition approval. That framing matters, because presidential authority over entry rules is broad, which makes the measure harder to challenge than a standard agency fee rule would be.
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Who has to pay the $100,000 fee?
The fee is narrower than the early headlines suggested. It applies primarily to new H-1B petitions filed on or after September 21, 2025, for beneficiaries who are outside the United States, do not already hold a valid H-1B visa, and are requesting consular notification, port-of-entry notification, or pre-flight inspection.
It reaches both cap-subject and cap-exempt petitions in that situation. So a first-time cap-exempt hire, for a university or nonprofit, who is abroad and filing for consular notification can fall within the fee.
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Who is exempt from the fee?
Most existing H-1B workers are not affected, and the clarifications since the proclamation have made that clearer.
The fee is not retroactive and generally does not apply to petitions filed before the September 21, 2025 effective date. It also does not apply to most routine change-of-status, extension, or amendment petitions for beneficiaries already in the US. Current H-1B holders are advised to carry the USCIS and Customs and Border Protection memos confirming they are not subject to the fee when they travel.
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Where do the legal challenges stand?
The fee has drawn several lawsuits, arguing it exceeds the authority Congress granted the President, violates the Administrative Procedure Act, and breaches separation-of-powers principles.
So far, the fee has survived. In late December 2025, a federal district court in Washington, DC upheld it, granting summary judgment for the government. As a result, the fee remains in effect while the litigation continues. That decision has been appealed, and the appeal was fast-tracked to the DC Circuit to provide clarity before the March 2026 H-1B cap registration. Additional lawsuits, including one brought by a coalition of 20 states, are still working through the courts. The situation can change with little notice.
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Why does the $100,000 fee matter?
For affected employers, a six-figure cost per new hire functions less like a fee and more like a barrier to entry. It hits hardest for entry-level roles, smaller firms, and startups that cannot absorb the cost.
The broader effect is that H-1B sponsorship has become harder to secure for many workers, especially in tech. As that pathway narrows, merit-based alternatives that do not run on the H-1B lottery, and are not subject to this fee, have moved from backup options to serious primary routes.
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What H-1B alternatives are worth weighing?
Several routes sit outside the H-1B lottery and the $100,000 fee.
The O-1 visa is a strong option for professionals in STEM, business, the arts, or athletics with a documented record of achievement. It has no lottery and no annual cap. The EB-1A green card offers permanent residency for individuals with extraordinary ability, and it is self-petitioned. The EB-2 NIW is another self-petition green card, for those whose work has substantial merit and national importance. Depending on nationality and role, some professionals may also qualify for visas such as TN, E-3, or J-1.
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What should you do now?
If you are an H-1B holder, employer, or future applicant, a few practical steps apply: confirm renewal and travel plans with your employer or counsel before any international trip, keep the USCIS and CBP memos on hand if you travel, track official USCIS and DHS updates since guidance can shift quickly, and assess whether an O-1, EB-1A, or EB-2 NIW path fits your profile. As self-petition green card and visa specialists, our team can map the steadiest route for your situation.
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The $100,000 H-1B fee is in effect as of 2026. It applies mainly to new petitions for beneficiaries abroad requesting consular notification. Most in-US change-of-status, extension, and amendment filings are exempt. The fee has been upheld at the district-court level and is under a fast-tracked appeal, with more lawsuits pending. O-1, EB-1A, and EB-2 NIW sit outside both the H-1B lottery and this fee.
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Frequently Asked Questions
Is the $100,000 H-1B fee annual?
No. It is a one-time supplemental fee tied to certain petitions, not a recurring annual charge.
Does the fee apply to current H-1B holders?
Generally no. It does not apply to most change-of-status, extension, or amendment petitions for people already in the US, and it is not retroactive.
Do I need awards to qualify for O-1A?
Awards can help, but they are not the only way to qualify. USCIS also considers evidence such as publications, judging, original contributions, media coverage, high compensation, critical roles, and expert letters.
Has the fee been blocked by the courts?
Not as of early 2026. A federal court upheld it in December 2025, so it remains in effect while an appeal and other lawsuits proceed.
Who specifically must pay the fee?
It applies mainly to new H-1B petitions for beneficiaries outside the US, without a valid H-1B visa, requesting consular notification, filed on or after September 21, 2025.
What are the best alternatives to the H-1B?
The O-1 visa, the EB-1A green card, and the EB-2 NIW are leading merit-based options, since none depends on the H-1B lottery or the $100,000 fee.
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References
The White House, Presidential Proclamation, “Restriction on Entry of Certain Nonimmigrant Workers” (Sept 2025) — whitehouse.gov
USCIS, guidance on the H-1B proclamation and supplemental fee — uscis.gov
Chamber of Commerce of the USA v. DHS — US District Court for the District of Columbia
