The short answer
As of early November 2026, employers are not required to pay the $100,000 H-1B fee. Two federal courts have blocked it, and U.S. Citizenship and Immigration Services (USCIS) has said it will comply with those orders. The government is appealing both rulings, and the Department of Homeland Security (DHS) has proposed a separate fee of $103,265 through a different legal route. The fee is paused, but the issue is far from over.
How we got here
- September 19, 2025. A presidential proclamation required a $100,000 payment with certain new H-1B petitions filed on or after September 21, 2025. In practice it applied mainly to workers outside the United States who needed a visa to enter.
- December 2025. A federal court in Washington, D.C. upheld the fee in a case brought by the U.S. Chamber of Commerce. That ruling is on appeal, and the appeals court heard arguments in March 2026.
- June 8, 2026. A federal court in Massachusetts reached the opposite result in a case brought by 20 states. It ruled that the fee was an unlawful tax and vacated the policy.
- July 24, 2026. The First Circuit Court of Appeals refused to pause that ruling while the government appeals. USCIS then updated its H-1B guidance to confirm it would follow the order.
- August 25, 2026. DHS published a proposed rule that would create a $103,265 fee for every cap subject H-1B petition. The public comment period closed September 24.
- September 18, 2026. A second proclamation extended the $100,000 requirement through September 21, 2027.
- September 30, 2026. A federal court in California blocked the agency policies that carry out the fee, under both the original proclamation and the extension, until the agencies go through formal notice and comment rulemaking.
- October 9, 2026. The government appealed the California ruling to the Ninth Circuit and asked for a pause.
Three courts, two answers
| Case | Court | Result | Status |
|---|---|---|---|
| Chamber of Commerce v. DHS | District of Columbia | Fee upheld | On appeal in the D.C. Circuit |
| State of California v. Mullin | District of Massachusetts | Fee vacated | On appeal in the First Circuit; stay denied |
| Global Nurse Force v. Trump | Northern District of California | Agency policies vacated | On appeal in the Ninth Circuit |
When appeals courts disagree, the Supreme Court often steps in. The government has said in its own filings that it expects this dispute to reach the Supreme Court.
The $103,265 proposal is a different fee
The proposed rule is easy to confuse with the $100,000 fee, but the two are separate.
| $100,000 payment | $103,265 proposed fee | |
|---|---|---|
| How it was created | Presidential proclamation | Proposed DHS regulation |
| Who it covers | Mainly new petitions for workers outside the United States | Every cap subject petition, including the advanced degree cap |
| Who would not pay | Most changes of status inside the United States | Cap exempt employers, extensions, amendments, and changes of employer |
| Status today | Blocked by two court orders | Proposed only; not in effect |
If DHS finalizes the rule, it could apply to petitions filed in the next cap season, which opens in April 2027. Legal challenges are widely expected.
What this means for employers and workers
If you are filing an H-1B petition now. You do not need to include the $100,000 payment. Follow the current USCIS filing instructions on the day you file.
If you already filed without the fee. USCIS has stated that if the court orders are lifted, DHS still plans to collect the payment. Nobody can say today whether that would reach petitions filed while the fee was blocked. Keep complete records of what you filed and when.
If you are planning for the 2027 cap season. Budget for uncertainty. A final rule on the $103,265 fee could arrive before registration opens, and it would sit on top of existing filing fees.
If you are an H-1B worker already in the United States. Extensions, amendments, and changes of employer were not the main target of the $100,000 payment and would not be covered by the proposed fee as written. Speak with legal counsel before international travel if your situation is not routine.
What to watch next
- A decision from the D.C. Circuit in the Chamber of Commerce appeal.
- Rulings from the First and Ninth Circuits on the two orders blocking the fee.
- A final rule from DHS on the $103,265 fee.
- Any request by the government for Supreme Court review.
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