The $100,000 H-1B Fee: What Changed in 2026

The Presidential Proclamation signed on September 19, 2025 structurally altered the H-1B program by imposing a one-time payment of $100,000 on certain new petitions. Since then, employers, foreign professionals, and immigration attorneys have been recalibrating international hiring strategies. In 2026, with the measure still in force and already tested by litigation, it is possible to draw a clearer picture of what actually changed, who is affected, and who is protected.

What the Proclamation Requires

The proclamation restricts entry into the United States for H-1B workers whose petitions are not accompanied by the additional $100,000 payment or a formally granted exception from the Secretary of Homeland Security. The text treats the payment as an admissibility condition rather than a traditional USCIS fee. This is technically significant: the charge was not established by an act of Congress or inserted into the fee schedule, but rather as a presidential requirement based on powers under Section 212(f) of the INA.

The practical effect is that petitions within the proclamation’s scope must demonstrate proof of payment or qualification under one of the exemption categories before the beneficiary can apply for a consular visa or be admitted into the United States.

Who Falls Within the Scope

The measure applies essentially to new petitions H-1B filed after the proclamation’s effective date for workers who are still outside the United States and need a visa and admission to begin employment. In other words, the focus is on new entries tied to international hires.

The most exposed sectors are technology, engineering, sciences, finance, and healthcare — historically the largest recipients of H-1B approvals. Small employers, startups, universities without their own subsidy, regional hospitals, and consulting firms that rely on foreign labor feel the impact most acutely, because $100,000 on a single hire can render an entire year’s international recruiting strategy unviable.

Who Is Outside the Scope

The guidance published by USCIS on September 20, 2025 clarified that the charge does not apply to:

• Current H-1B holders who were already in the U.S. on the date of the proclamation;
• Requests for extension of status with the same employer;
• Employer transfers for individuals who already maintain valid H-1B status;
• Requests for amendment due to material changes in working conditions;
• Reentries by current holders with a valid visa after international travel;
• Categories that do not depend on H-1B, such as L-1, O-1, TN, E-2, EB-2 NIW, and EB-1.

Discretionary exceptions that the Secretary of Homeland Security may grant in cases involving national interest, public safety, or critical sectors were also preserved.

How the Payment Stacks on Top of Traditional Fees

The $100,000 amount is cumulative. It does not replace the standard USCIS administrative fees, which continue to apply. For a typical H-1B petition subject to the new requirement, the employer still bears the base filing fee for Form I-129, the ACWIA fee, the fraud prevention and detection fee, any additional public law fees for large H-1B-dependent employers, and premium processing when requested.

In practice, this means that a single international hire via H-1B now costs the employer a figure approaching six digits in government charges alone — before salaries, benefits, legal costs, and relocation.

Impact on Foreign Professionals

For the individual professional, the most immediate effect is a reduced appetite among employers to initiate new processes from abroad. Companies tend to prioritize candidates already on U.S. soil in another valid status, especially F-1 OPT, L-1, O-1, or H-1B holders at another company.

International students with active OPT, in particular, have gained strategic relevance: the F-1 to H-1B transition via change of status — without the need for consular processing outside the U.S. — has become one of the less costly routes for employers, even though the exact classification depends on USCIS’s interpretation in each individual petition.

Alternative Pathways That Have Gained Traction

The increased cost of H-1B has brought categories that always existed but were underutilized back onto the radar:

• O-1A for professionals with extraordinary ability in science, business, education, or technology;
• L-1A and L-1B for intracompany transfers at organizations with international presence;
• EB-2 NIW for professionals whose work has substantial merit and national importance to the U.S.;
• E-2 for investors from treaty countries, including several Latin American and European nations;
• TN for Canadian and Mexican professionals in occupations listed under the agreement;
• H-1B1 for nationals of Chile and Singapore, beyond the reach of the proclamation.

Each of these categories has its own requirements, and none is a perfect substitute for H-1B; the right exercise is to map the professional’s profile and the type of employer to identify the most consistent route.

Litigation and the Regulatory Landscape in 2026

The proclamation was immediately challenged in federal courts by business associations, universities, and industry chambers, on grounds including lack of specific statutory authorization, violation of the Administrative Procedure Act, and economic disproportionality. Preliminary injunctions have varied across circuits, and as of early 2026, there has been no definitive nationwide reversal of the measure. Prudent employers have been operating under the assumption that the payment will remain required until there is a final consolidated ruling or subsequent regulatory action.

How to Prepare for the Current H-1B Cycle

For companies, the practical recommendation is to immediately re-budget the international mobility program, distinguish candidates who require consular processing from those eligible for an internal change of status, and prioritize petitions that clearly fall within the exemption categories. For professionals, the key action is to diversify the immigration strategy, avoid relying exclusively on the H-1B lottery, and seriously consider categories such as EB-2 NIW and O-1, which do not require sponsorship that depends on the new fee.

The H-1B remains a legitimate and relevant pathway, but in 2026 it has moved from being the default door to a selective route — reserved for hires where the employer is willing to invest a significant sum to secure a specific talent.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.