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

On September 19, 2025, the White House issued a presidential proclamation that reshaped the economics of the H-1B program by imposing a one-time $100,000 fee on new petitions filed with USCIS. The measure targets the most widely used work visa for skilled foreign professionals in the United States and triggered an immediate reaction from technology companies, hospitals, universities, and law firms across the country. For anyone planning a career in the U.S. job market, understanding the exact scope of this fee has become a prerequisite.

What the Proclamation Says

The presidential text establishes that every H-1B petition filed on behalf of a beneficiary who is outside the United States now requires an additional one-time payment of $100,000, tied to consular visa approval. The official justification cites protection of the domestic labor market and a deterrent against the heavy use of the program by companies that offshore technology services. The fee is separate from and cumulative with the traditional USCIS fees on Form I-129.

The Department of Homeland Security and the Department of State published supplementary guidance clarifying that the amount does not replace the ACWIA fee, the fraud prevention fee, the asylum program fee, or the Public Law 114-113 fee, all of which remain applicable to specific employers. In other words, the total outlay for a new H-1B hire can now easily exceed $110,000 when all federal requirements are added together.

Who Is Affected by the New Fee

The market’s initial reaction was widespread alarm, but the scope of the fee is more limited than the noise suggested. The charge applies to:

• New H-1B petitions for beneficiaries who are abroad and will require consular processing;
• Lottery selectees from the annual H-1B cap who are not already in H-1B status in the United States;
• Certain situations in which a worker must return to their home country to obtain a consular visa before re-entering.

The following are not subject to the fee, according to federal guidance issued after the proclamation:

• Professionals who already hold H-1B status and are requesting an extension with the same employer;
• Employer transfer (portability) petitions processed internally;
• Changes of status from other visas to H-1B completed inside the United States via Form I-129 with a change-of-status request;
• Cap-exempt H-1B petitions (universities, nonprofit research institutions, and affiliated organizations).

Impact on Employers

The additional cost shifts the financial calculus of international hiring. For large technology employers with workforces involving thousands of H-1B professionals, the figure is manageable but forces a reprioritization: positions that previously would have been open to global recruitment are now being filled internally, through L-1 transfers, with professionals already in the United States on other visas, or simply relocated to offices outside the country.

For small and medium-sized businesses, regional hospitals, and non-exempt universities, the barrier is prohibitive. Preliminary studies by business associations published at the end of 2025 estimated a significant drop in new petition volume for the following fiscal cycle, with disproportionate impact on the healthcare, civil engineering, and K-12 education sectors in rural districts.

Professionals Already in the Program: What Changes

Those who are already working legally in the United States on a valid H-1B can breathe easy regarding the immediate fee. Extensions with the same employer, employer changes via portability, and amendments for changes in job title or worksite continue to be governed by the standard USCIS fee schedule, without the additional $100,000.

However, heightened caution applies to international travel. H-1B professionals who need to renew their visa stamp at a consulate outside the United States during 2026 should carefully assess whether a consular renewal could be interpreted as a new petition under the proclamation. As of this writing, the prevailing interpretation of the guidance is that a consular renewal of an already-valid H-1B status does not trigger the fee, but advance planning and close monitoring of State Department directives is strongly recommended.

The 2026 Cap Season Under the New Rule

The H-1B lottery registration cycle in March 2026 was the first to operate entirely under the new fee. Preliminary figures released by USCIS showed a meaningful decline in electronic registrations compared to the peaks of 2023 and 2024, reflecting employer recalibration in the face of higher costs. The selectee-to-quota ratio remains competitive, but the drop in registrations has reignited debate about the true scale of demand for imported skilled labor when the price of entry rises.

For individual candidates, the practical effect cuts both ways. On one hand, less competition for each lottery slot. On the other, fewer employers willing to sponsor early-career profiles or candidates without critical expertise, since the per-hire investment has increased by an order of magnitude.

Alternatives That Have Gained Traction

The rising cost of the H-1B has redirected attention toward visas previously seen as secondary or complementary:

• O-1A for professionals with documented extraordinary ability in science, business, education, or athletics;
• L-1A and L-1B for intracompany transfers within organizations with an international presence;
• EB-2 NIW as a path to permanent residence without employer dependency, suited for those with a master’s degree, doctorate, or exceptional abilities and a national-interest work plan;
• E-3, exclusive to Australians, and TN under USMCA for Canadians and Mexicans in listed occupations;
• H-1B1 for Chilean and Singaporean nationals under bilateral agreements.

Brazilian professionals without Australian, Chilean, or other qualifying bilateral citizenship tend to explore the O-1A and EB-2 NIW more deeply as sustainable alternatives, particularly those with academic publications, patents, awards, or documented sectoral recognition.

Ongoing Legal Challenges

Business associations, professional organizations, and state governments have filed federal lawsuits challenging the proclamation on grounds of executive overreach, violation of the Administrative Procedure Act, and conflict with the fee structure established by Congress in the Immigration and Nationality Act. As of early 2026, no broad injunction has suspended the fee, but the matter remains under review in multiple federal circuits and may see adjustments throughout the year.

Planning for Those Outside the United States

Brazilian professionals who intend to work in the U.S. via H-1B must confront the reality that without a sponsor willing to cover the new fee, the path is, in practice, closed for a large portion of available positions. The logical first step is to map out:

• Active employers in sectors that still absorb the cost, primarily big tech, finance, and global pharmaceutical companies;
• Universities and research institutes that remain exempt from both the cap and the fee;
• Parallel pathways such as O-1A, EB-2 NIW, and EB-1A that can be built over time with a well-structured academic and professional portfolio;
• Internal positions at companies with Brazilian subsidiaries that could enable a future L-1 transfer.

The landscape has not closed the door; it has redrawn the map. Those who prepare in advance, choose the right route for their own profile, and rigorously document the requirements of each category will continue finding opportunities in the U.S. market, even under rules that are more demanding than those in place through the third quarter of 2025.

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.