Useful Links
U.S. Citizenship and Immigration Services (USCIS) Website
Social Media
Statistics
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.
Topics
H-1B $100,000 Fee: Current Status and Original Exemptions
The doors of the H-1B program creak open under a $100,000 weight, and only a few find their way through.
On Friday, September 19, 2025, President Trump made an announcement. It wasn’t long, but it was heavy, as if someone had dropped a stone into still water. The ripples carried far. The proclamation said the H-1B visa program would change. A new fee - $100,000 - would stand at the entrance like a silent gatekeeper.
News traveled quickly. Employers stared at their screens. Foreign workers on the verge of departure checked their passports, wondering if the ground beneath them had shifted. For a few days, everything felt suspended. The air was thick with questions, but answers moved slowly, as if walking through a fog. Eventually, fragments of clarity appeared.
Update: August 27, 2026
The $100,000 H-1B proclamation payment is currently not being collected after federal court rulings. A federal district court struck down the policy on June 8, 2026, and the First Circuit denied the government’s request to pause that ruling on July 24, 2026.
DHS has separately proposed a new $103,265 fee for cap-subject H-1B petitions, but that proposal is not final and is not currently in effect. Employers should not treat the proposed $103,265 fee as payable unless DHS issues a final rule with an effective date.
The sections below describe how the $100,000 proclamation payment was originally announced in September 2025. Read them as historical context, not as current payment instructions.
The Rule as Originally Announced
Beginning September 21, 2025, U.S. employers must pay a $100,000 one-time fee before filing any new H-1B petitions.
This requirement extends forward into the March 2026 lottery, as if the future had already been written, including any other H-1B petitions submitted on September 21, 2025.
Employers will need to keep proof of payment, holding it carefully, because the Secretary of State will check before any petition is approved.
Only those who can show the record will pass through the gate.
Who Walks Untouched
Not everyone is caught in the new order.
The new $100,000 fee does not apply to any petitions filed prior to September 21, 2025, or to aliens in possession of validly issued H-1B visas.
Petitions approved before September 21, 2025 remain in place.
Current H-1B holders keep their visas.
Renewals and extensions continue without the new fee.
Can H-1B Holders Travel?
For those who already hold H-1B visas, travel to or from the U.S. remains open. The new rule does not close the skies.
What Lies Ahead
This step is only the beginning. The H-1B program is shifting, piece by piece, as if an invisible hand is rearranging its structure. More changes are expected. What form they take - no one yet knows.
Useful Links
🔹 H-1B FAQ
🔹 Action Decision Memorandum
🔹 Whitehouse.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.