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Annual Caps for H-1B for Fiscal Years: 85,000 visas
- 65,000 visas
- 20,000 visas for the master’s cap*
The master’s cap – individuals with advanced degrees from U.S. institutions.
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How the $100,000 H-1B Fee Payment Process Worked
The $100,000 H-1B payment is currently not being collected. Review the original payment process and current status.
Update: August 27, 2026
The $100,000 H-1B proclamation payment is currently not being collected. The payment requirement was struck down by a federal district court on June 8, 2026, and the First Circuit denied the government’s request to pause that ruling on July 24, 2026.
This article describes the earlier USCIS payment process, but employers should confirm current USCIS instructions before submitting any payment. DHS has separately proposed a new $103,265 fee for cap-subject H-1B petitions. That proposed fee is not final and is not currently payable.
Below is the original text from October 20, 2025, before the latest update above. Read it as historical context, not as current payment instructions.
USCIS had released guidance on the $100,000 payment. The original article explained how payment worked, who it affected, and how employers could request an exception.
How the $100,000 Payment Process Originally Worked
At the time, USCIS directed employers to use the Pay.gov payment form to submit the $100,000 payment when the proclamation payment applied.
-> Click the Preview Form button to view the form before starting.
-> Click the “Continue to the Form” button to proceed to form entry.
Who Would Have Been Required to Pay?
Under the original guidance, employers filing new or otherwise ineligible H-1B petitions on or after September 21, 2025, for beneficiaries without valid H-1B visas were required to pay the $100,000 fee.
| ✅ $100,000 fee applied when | ❌ $100,000 fee did not apply when |
|---|---|
| A new H-1B petition is filed on or after September 21, 2025 (12:01 a.m. EDT). | The petition was submitted before September 21, 2025 (12:01 a.m. EDT). |
| The beneficiary is outside the United States and does not have a valid H-1B visa. | The alien already has a valid H-1B visa issued before that date. |
| The petition requests consular notification, port of entry notification, or pre-flight inspection for an alien in the United States. | The petition is filed on or after September 21, 2025, for an alien inside the U.S. and the amendment/change/extension is granted. |
| In addition: if a change of status, amendment, or extension of stay is filed on or after September 21, 2025, and USCIS determines the beneficiary is ineligible (e.g., out of status or departs the U.S. before adjudication). | The alien beneficiary of an approved petition later travels abroad and reenters on a current H-1B visa. |
Who Qualifies for an Exception?
✅ Exceptions to the $100,000 payment may be granted only by the Secretary of Homeland Security, and only in extremely rare and extraordinary circumstances, where the Secretary determines that a particular alien worker meets all of the following conditions:
- The worker’s presence in the United States as an H-1B employee is in the national interest of the United States.
- No qualified American worker is available to fill the position.
- The alien worker does not pose a threat to the security or welfare of the United States.
- Requiring the petitioning employer to make the payment on the worker’s behalf would significantly undermine U.S. interests.
-> How to request an exception:
Petitioning employers who believe their alien worker satisfies this high threshold may seek an exception by sending their request and all supporting evidence to [email protected]
Presidential Proclamation
The original USCIS guidance said:
🔹 New H-1B petitions filed on or after September 21, 2025, had to be accompanied by an additional $100,000 payment as a condition of eligibility.
🔹 Petitioners had to submit a copy of the proof of payment from Pay.gov or evidence of an exception from the fee from the Secretary of Homeland Security at the time of filing the H-1B petition.
🔹 Petitions subject to the $100,000 payment that were filed without proof of payment or an approved exception could be denied.
Whitehouse.gov
USCIS.gov
Disclaimer: This article is for general informational purposes only and is not legal, tax, HR, or business advice. H-1B sponsorship, wage, LCA, public access file, fee, worksite, amendment, and compliance obligations depend on the employer’s facts and current agency rules. Employers should verify the latest USCIS and Department of Labor guidance and consult a qualified immigration attorney before filing or taking compliance action.