The $100,000 H-1B Fee: Who Pays and Who Doesn't

Updated 2026-10-214 min readNot legal advice in W X

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The employer pays the $100,000 H-1B payment, not the worker, and only on certain new petitions for people outside the US without a valid H-1B visa. Granted changes of status inside the US, such as F-1, OPT or H-4 to H-1B, and granted extensions and transfers are not covered. As of October 21, 2026, two federal court orders block USCIS from collecting it, and the government is appealing.

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Where the fee comes from

President Trump signed Proclamation 10973 on September 19, 2025. It restricts entry of certain H-1B workers unless the employer makes a $100,000 payment.

The payment applies to certain petitions filed at or after 12:01 a.m. Eastern on September 21, 2025. USCIS says the employer pays through pay.gov before filing.

On September 18, 2026, the President signed Proclamation 11069. Law firm Fragomen reports it extends the fee period to September 21, 2027.

Who would have to pay

According to USCIS, the payment applies to petitions for people who are outside the US and do not have a valid H-1B visa.

It also applies when a petition asks for consular notification, port-of-entry notification or pre-flight inspection. That is true even if the worker is in the US.

USCIS also says the fee can apply if a change of status, amendment or extension is denied. Examples include being out of valid status or leaving the US before a decision.

Top H-1B sponsors, 2025US Department of Labor data

Employer	H-1B filings	Transfers	Median pay
Amazon.Com Services LLC	14,047	2,382	$155k
Cognizant Technology Solutions US CorpGC frozen	10,209	872	$110k
Ernst & Young U.S. LLP	9,808	269	$143k
Google LLC	7,899	844	$186k
Microsoft CorporationGC frozen	7,840	879	$173k
Tata Consultancy Services LimitedGC frozen	7,287	353	$86k

Every sponsor, with their open jobsSee the list ›

Can the employer make you pay it?

The proclamation puts the payment on the petitioning employer. USCIS requires proof of payment from pay.gov with the petition.

Labor Department rules also bar H-1B employers from deducting their business costs from your pay if that drops you below the required wage. Many immigration lawyers read that rule to cover this payment. We found no DOL guidance that addresses the $100,000 payment directly.

Who does not pay

USCIS guidance lists several groups that are not subject to the payment:

Holders of previously issued, currently valid H-1B visas.
Petitions filed before 12:01 a.m. Eastern on September 21, 2025.
People in the US whose change of status, amendment or extension is granted. This covers the common F-1 or OPT to H-1B change of status.
Workers who later leave and apply for a visa based on that approved petition, or reenter on a current H-1B visa.
Current H-1B visa holders traveling in and out of the US.

What this means for transfers and extensions

An H-1B transfer for someone already in the US usually asks USCIS to extend stay with the new employer. Under USCIS guidance, the fee does not apply when that request is granted.

The risk comes from status gaps. If USCIS finds you ineligible to extend or change status, the petition may be treated as a consular case. The fee could then apply if it is being enforced.

Read our guide on the /h1b/h1b-transfer process for the steps. If you lost a job, see the /h1b/h1b-layoff-60-day-grace-period guide before you travel.

If you leave the US after a layoff

If your job ends and you leave the US, a new employer's petition is filed for someone outside the US. Under USCIS guidance, the fee then depends on your visa stamp.

USCIS says the proclamation does not apply to previously issued, currently valid H-1B visas. So if the H-1B visa in your passport is still valid, the fee should not apply. If it has expired, the petition would fall under the fee whenever it is being enforced.

Staying in the US and having a new employer file before your grace period ends avoids that question, if USCIS grants the petition. See the 60-day grace period guide.

Note that DHS proposed in September 2026 to end the 60-day grace period. It is not final, and the grace period still applies for now.

Cap-exempt employers

Universities and some research groups are exempt from the annual H-1B cap. Law firm Alston & Bird notes they are still covered by the proclamation fee for workers abroad.

So cap-exempt status does not by itself remove the $100,000 payment.

Current status as of October 2026

On June 8, 2026, a federal court in Massachusetts vacated the agency guidance that put the fee in place. The case is State of California v. Mullin.

On July 24, 2026, the First Circuit denied the government's request to pause that ruling. USCIS says it will comply while DHS considers next steps.

On September 30, 2026, a federal judge in California issued a preliminary injunction in Global Nurse Force v. Trump. It covers the fee policies under both proclamations. The government appealed on October 9 and asked the Ninth Circuit for a stay.

As of October 21, 2026, we found no ruling on that stay request. A Congressional Research Service report dated October 14, 2026 describes the fee as temporarily blocked. USCIS says it still plans to collect if the orders are lifted, so this can change quickly. See the court case tracker.

What job seekers can do

If you are in the US, a change of status petition is the usual path. Keep your status valid until USCIS decides.

Ask employers early whether they will file for change of status or consular processing. Employers that sponsor often understand these rules well. You can find them on our /h1b-sponsors list.

This article is general information, not legal advice. Confirm your own situation with an immigration attorney.

Questions

Do F-1 OPT students changing to H-1B pay the $100,000 fee?

Generally no. USCIS says the payment does not apply when a change of status inside the US is granted. It can apply if the change of status is denied.

Does an H-1B transfer trigger the fee?

Not if you are in the US and USCIS grants the extension or change with the new employer, per USCIS guidance. Status problems can change that.

Is the fee being collected right now?

As of October 2026, no. A Massachusetts court vacated the guidance in June 2026, and a California court issued an injunction on September 30, 2026. Appeals are pending.

Who pays the fee, the worker or the employer?

The petitioning employer makes the payment through pay.gov before filing, according to USCIS.

How long does the fee last?

Proclamation 11069, signed September 18, 2026, extends the period to September 21, 2027, according to Fragomen.

Does changing from H-4 to H-1B require the $100,000 fee?

Not if you file a change of status inside the US and USCIS grants it, per USCIS guidance. It could apply if the change is denied or you leave and need a new visa abroad without a valid H-1B visa.

Does moving from STEM OPT to H-1B trigger the $100,000 fee?

No, if USCIS grants the change of status inside the US. The same rule applies to regular OPT.

If my grace period ends and I leave the US, will a new employer have to pay the fee?

Only if you no longer hold a valid H-1B visa stamp and the fee is being enforced. USCIS says previously issued, currently valid H-1B visas are not covered.

Can my employer deduct the $100,000 fee from my pay?

Labor Department rules bar deductions for the employer's business costs that bring pay below the required H-1B wage. Many immigration lawyers read that rule to cover this payment.