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The H-1B $100,000 Fee: Current Status and Who Was Exempt

By F. Delgado · Published

The $100,000 H-1B fee was vacated by a federal court and the First Circuit refused to reinstate it, but the proclamation was extended to September 2027. Here's the full timeline, the original exemptions, and whether you need to pay it right now.

Bottom line, as of September 2026

The $100,000 fee is not currently collectible.

A federal court vacated it on June 8, 2026, and the First Circuit Court of Appeals refused to reinstate it on July 24, 2026. The government's appeal is still pending. On September 18, 2026 the proclamation behind the fee was extended for another 12 months (through September 21, 2027), so this could change quickly — always confirm the current requirement on USCIS.gov before filing.

Few immigration policies have generated as much confusion this fast. Here's the full timeline, what the original rule said, and where things actually stand today.

Timeline

  • September 21, 2025: A presidential proclamation imposed a $100,000 payment requirement for new H-1B petitions filed after 12:01 a.m. EDT that day.
  • Late 2025: USCIS and DHS issued clarifying guidance narrowing who the fee actually applied to, after widespread confusion among employers and current visa holders.
  • June 8, 2026: A federal district court vacated the fee, ruling it functioned as an unlawful tax that the executive branch had no authority to impose without Congress.
  • June 12, 2026: The court granted a temporary administrative stay while the government appealed, so the fee briefly applied again.
  • July 24, 2026: The First Circuit Court of Appeals denied the government's request to keep the fee in effect during the appeal, finding it hadn't shown it was likely to win. The vacatur took hold again.
  • September 18, 2026: A new proclamation extended the original restriction, unchanged, for 12 months — effective September 21, 2026 through September 21, 2027. It does not by itself lift the court order; DHS has said it plans to collect the payment if that order is lifted.

Who was originally exempt (while the fee was active)

If the fee is reinstated later, these are the categories DHS and USCIS identified as exempt under the original policy:

  • Anyone who already held H-1B visa status before 12:01 a.m. EDT on September 21, 2025.
  • Any petition filed before that date and time, regardless of when it was adjudicated.
  • Extensions and renewals for existing H-1B holders — USCIS clarified employers didn't need to pay the fee to extend an employee already in H-1B status, unless the filing represented a genuinely new hire.
  • A narrow, DHS-Secretary-approved exemption for "extraordinarily rare circumstances," described as a formal pathway that exists but is expected to be used sparingly.

What this means for your budget

Because the fee isn't currently in effect, it doesn't appear in our H-1B cost calculator's default totals — we show it separately as a status note rather than folding a potentially inapplicable $100,000 into your estimate. If the appeal succeeds or the court order is lifted and the fee is reinstated, we'll update that immediately. Given how fast this has moved twice already, treat any figure you see for this fee — including this page — as time-sensitive, and verify directly with USCIS or an immigration attorney before you file or budget around it.

Sources: Clark Hill — First Circuit Blocks Reinstatement of $100K H-1B Fee ↗ · USILAW — First Circuit Refuses to Revive the $100,000 H-1B Payment ↗ · White House — extension of the proclamation (Sept 18, 2026) ↗ · USCIS — H-1B Specialty Occupations ↗. Last checked: September 21, 2026.

FAQ

Do I have to pay the $100,000 H-1B fee right now?

Not while the court order stands. A district court vacated the implementing guidance on June 8, 2026, and on July 24, 2026 the First Circuit refused to pause that decision while the government's appeal continues; USCIS said it would comply. The proclamation itself was extended on September 18, 2026 for another 12 months, and DHS has said it plans to collect the payment if the order is lifted, so confirm current status on USCIS.gov before filing.

Was the proclamation extended?

Yes. A new proclamation signed on September 18, 2026 extends Proclamation 10973 without changes for 12 months, effective September 21, 2026 through September 21, 2027. Extending the proclamation does not by itself override the court order that currently blocks collection of the payment.

Who was originally exempt from the fee?

Under the original policy: any H-1B visa or status already held before 12:01 a.m. EDT on September 21, 2025, any petition filed before that date, and — per later DHS clarification — extensions and renewals for existing H-1B holders that didn't represent a genuinely new hire.

Is the $100,000 fee gone for good?

Not necessarily. The government is expected to keep pursuing its appeal, and the fee's legal status could shift again. Treat this as the current status, not a permanent resolution, and check for updates before relying on it.

Why was the fee struck down?

A federal district court ruled the $100,000 payment functioned as a tax rather than a regulatory filing fee, and that the executive branch lacked authority to impose it without Congress — and that the implementing agencies violated the Administrative Procedure Act in how they issued it.

See your H-1B total without the $100K fee folded in

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