The $100,000 H-1B Fee: Who It Applies To

Updated 2026-06-07

A presidential proclamation signed in September 2025 introduced a $100,000 fee tied to certain H-1B petitions. The headline number caused a lot of alarm, much of it among people it does not actually apply to. Here is the plain version.

The basic rule

As reported, the fee applies to certain H-1B petitions filed on or after September 21, 2025, and is aimed primarily at beneficiaries who are outside the United States and do not already hold a valid H-1B visa.

Who is generally not hit by it

• People already in the U.S. in valid H-1B status doing extensions or amendments.
• Many in-country change-of-status and "cap-gap" situations (confirm your specifics).

Why it still matters for everyone

Even if the fee does not apply to you, it changes employer behavior, which can ripple into hiring, transfers, and how aggressively companies sponsor. Policy here is moving fast and has been subject to legal challenges, so treat any single summary (including this one) as a starting point, not the final word.

Policy is evolving and contested in court. Informational only, not legal advice; verify current rules with an attorney or official USCIS guidance.