The H1B visa fee is in flux, and people often confuse two different payments. One is a $100,000 payment that a 2025 presidential proclamation created and a federal court has vacated. The other is a $103,265 fee that DHS proposed in August 2026. Here is where each one stands and what employers and foreign workers should do. Updated November 6, 2026.

H1B Visa Fee Timeline: How We Got Here and Where Things Stand

September 2025 (original proclamation): A presidential proclamation created a $100,000 payment for certain new H-1B petitions. We wrote the original version of this article at this stage.
June 8, 2026 (court ruling): A federal district court in Massachusetts vacated the $100,000 payment.
July 24, 2026 (appeal): The First Circuit declined to pause that ruling.
August 25, 2026 (new proposal): DHS proposed a separate $103,265 fee on cap-subject H-1B petitions.
September 24, 2026 (comments closed): The comment period on the $103,265 proposal closed.
Current status as of November 6, 2026: The government is not collecting the $100,000 payment, and the $103,265 fee is still only a proposal.

What Is the $100,000 H1B Visa Fee?

In September 2025, President Trump signed a proclamation requiring a $100,000 payment for certain new H-1B petitions. It quickly alarmed employers, universities, and hospitals that rely on skilled foreign workers.

Where Does the $100,000 H1B Visa Fee Stand Now?

A federal district court in Massachusetts vacated the payment on June 8, 2026. On July 24, 2026, the First Circuit declined to pause that ruling, so the government is not collecting the payment while the appeal continues. However, a federal court in Washington, D.C. reached the opposite conclusion, so a higher court may have to settle the issue.

For the full story, read our breakdown of the ruling that struck down the $100,000 payment.

What Is the Proposed $103,265 H1B Visa Fee?

On August 25, 2026, DHS published a proposed rule in the Federal Register. It would add $103,265 to cap-subject H-1B petitions, on top of the regular filing fees. The sponsoring employer would pay it. DHS says the money would help fund the wider immigration system, including USCIS, ICE, and CBP.

Is the $103,265 Fee in Effect?

No. It is only a proposal. The comment period closed on September 24, 2026, after about 11,700 comments. As of early November, DHS has not published a final rule. DHS may finalize, change, delay, or withdraw the proposal. Therefore, employers should not add $103,265 to a petition today.

Who Would Pay the New H1B Visa Fee?

The proposal would apply to:

Cap-subject H-1B petitions, including those under the U.S. master’s cap.
Petitions for workers already in the United States, including F-1 students who change status after OPT.

DHS says the fee would not apply to cap-exempt petitions. Many universities and nonprofit or government research organizations fall into that group. Extensions, amendments, and most employer changes generally fall outside the proposal as well, because they do not count against the cap.

What the H1B Visa Fee Means for Employers

For many small and mid-sized businesses, a six-figure charge on every petition is unrealistic. DHS itself acknowledges the fee could reduce registrations and lead some employers to file fewer petitions. As a result, you may see:

Higher hiring costs for every cap-subject sponsorship.
Talent shortages in fields such as technology, engineering, healthcare, and research.
Fewer graduates hired, since some employers may stop sponsoring new graduates altogether.

Because the rules keep changing, plan your next filing season now. You can also read about the weighted selection system that replaced the random lottery.

What the H1B Visa Fee Means for Foreign Workers

Fewer employers may be willing to sponsor. Students on F-1 visas and recent graduates face tougher odds. A student who is selected in the lottery could need an employer willing to pay more than $103,000 in added fees. That could block one of the few remaining legal pathways to work in the United States for skilled professionals.

Alternatives to Consider

Depending on your qualifications and your employer, other options may fit better. They include cap-exempt H-1B jobs, O-1, E-2, and L-1 status, and employment-based green cards in the EB-1, EB-2, EB-2 National Interest Waiver, and EB-3 categories. The best choice depends on your education, achievements, nationality, and long-term goals. See also what the September 18 executive order changed for sponsors.

Frequently Asked Questions

Do employers have to pay the $100,000 H1B visa fee now?

The government is not collecting the payment while the Massachusetts ruling stands and the appeal continues. However, the situation can change quickly, so confirm the current rules before you file.

Is the $103,265 fee final?

No. It is a proposed rule, and DHS has not published a final version.

Does the proposed fee apply to cap-exempt employers?

According to DHS, no. The proposal targets cap-subject petitions only.

Background: What We Reported in September 2025

Historical background. The section below is our original September 2025 reporting on the $100,000 payment. A federal court vacated that payment on June 8, 2026, so the current status is the one described above.

Original September 2025 summary: A new executive order signed by President Trump required a $100,000 application fee for each new H-1B filing. At the time, we reported that the fee applied only to workers filing from abroad and did not affect current H-1B holders in the U.S. who were extending or transferring their visas. Employers would have paid the cost up front, before knowing whether the lottery selected the worker. We expected fewer opportunities for foreign professionals and fewer sponsoring employers. We also noted that students on F-1 visas and recent graduates faced tougher odds, and that wages for U.S. workers in some fields could rise (see our guide to popular and high-paying professions).

What has changed since then: The government no longer collects the $100,000 payment, and DHS has proposed a different $103,265 fee. The details are in the current sections above.

Talk to an Immigration Attorney Before You File

Shepelsky Law Group closely monitors every change to the H-1B program. If you sponsor workers or hope to work in the United States on an H-1B, contact our office. We can help you plan before the rules change.

This article is general information, not legal advice.