H-1B $100,000 Fee Rule: What It Means for Employers and Applicants
The H-1B $100,000 fee applies specifically to new H-1B petitions filed for beneficiaries who are physically located outside the United States at the time of filing, under Proclamation 10973, effective September 21, 2025. A federal court vacated the policy in June 2026, then paused its own ruling days later while the government appeals, so USCIS is currently still collecting the fee for covered petitions, making the practical answer “yes, for now” rather than a settled question.
This guide explains exactly who the fee applies to, its shaky legal status, and what employers and applicants should do in the meantime. For the full sponsorship cost picture, see our guide on H-1B sponsorship costs and timeline.
Planning an H-1B filing for a candidate currently abroad? Atlas Legal can help you confirm the current fee status before you file. Concierta una cita with our team.
Principales conclusiones
- Proclamation 10973, issued September 19, 2025, imposed a $100,000 fee on new H-1B petitions for beneficiaries outside the U.S., effective September 21, 2025.
- USCIS guidance limits the fee to new petitions for beneficiaries subject to consular processing, according to the administration, targeting perceived abuse in STEM occupations specifically.
- On June 8, 2026, a federal court in Massachusetts vacated the policy entirely, then paused that ruling days later, so the fee currently remains in effect pending the government’s appeal.
- The fee does not apply to H-1B extensions, amendments, or petitions for beneficiaries already inside the United States in most cases described in current guidance.
- Because litigation is ongoing, the fee’s status can change quickly; confirm current enforcement before filing or budgeting for a covered petition.
- Employers should factor this fee into cost comparisons against uncapped alternatives like L-1 when a candidate is located abroad.
Contenido de esta guía
- Who the fee actually applies to
- The legal status: vacated, then paused
- What is not covered by the fee
- What it means for employers
- What it means for applicants
- How to plan given the uncertainty
- Preguntas frecuentes
Who the Fee Actually Applies To
Current USCIS guidance limits the policy to new H-1B petitions filed on behalf of foreign nationals who are outside the United States at the time of filing and subject to consular processing. The administration has described the fee as targeting perceived abuse of the H-1B program, with a stated focus on protecting U.S. workers in science, technology, engineering, and mathematics occupations.
The Legal Status: Vacated, Then Paused
| Fecha | Event |
|---|---|
| September 19, 2025 | Proclamation 10973 issued |
| September 21, 2025 | Fee takes effect for covered petitions |
| June 8, 2026 | U.S. District Court (Massachusetts) grants summary judgment against the fee and vacates it |
| Days later, June 2026 | Same court pauses its own ruling; fee continues while the government’s appeal proceeds |
Because the fee is currently enforced despite an underlying court ruling against it, confirm the up-to-date status directly before filing or budgeting for a covered petition.
What Is Not Covered by the Fee
Based on current guidance, the fee is limited to new petitions for beneficiaries currently outside the United States. It generally does not apply to H-1B extensions or amendments for employees already working in the U.S., or to change-of-status petitions filed for beneficiaries already inside the country in most described scenarios. Confirm your specific case against the latest guidance, since the scope has been the subject of ongoing clarification.
What It Means for Employers
Employers hiring a candidate currently abroad should budget for the fee as a real, currently enforced cost, and compare it against uncapped alternatives like L-1 where the candidate has a qualifying prior employment relationship with a related foreign office. For candidates already inside the United States, the fee generally should not apply under current guidance, which can make timing and location a meaningful cost factor in hiring decisions.
What It Means for Applicants
Applicants currently abroad who are the target of a new H-1B petition should understand that the fee is currently the employer’s obligation under the proclamation, not something they personally pay directly, but it can influence whether an employer is willing to sponsor them versus a candidate already inside the U.S. Applicants weighing international travel while an H-1B petition is pending should discuss timing carefully with their employer and attorney given how location affects fee exposure.
How to Plan Given the Uncertainty
Because the fee’s legal status remains actively contested, build flexibility into your hiring and immigration timeline where possible, confirm the current enforcement status close to your actual filing date rather than relying on older guidance, and consider whether an uncapped alternative category better fits your situation if the candidate is currently abroad and the fee’s cost is prohibitive.
Preguntas frecuentes
Does the H-1B $100,000 fee apply to cap-exempt employers?
Current guidance ties the fee to the beneficiary’s location abroad at filing, not to cap-exempt status specifically, so a cap-exempt employer filing for a beneficiary currently outside the U.S. should still confirm whether the fee applies to their specific petition.
Will the fee eventually be struck down permanently?
That remains unresolved. A federal court has already ruled against the policy once, but its own pause on that ruling means enforcement continues while the government’s appeal is pending, so the outcome is not yet final.
Does the fee apply to H-1B extensions for current employees?
Current guidance describes the fee as applying to new petitions for beneficiaries outside the U.S., generally not extensions or amendments for employees already working in H-1B status inside the country, though this should be confirmed against the latest guidance for your specific filing.
Should employers avoid hiring candidates currently abroad because of this fee?
Not necessarily, but the fee is a real cost factor to weigh against alternatives like L-1 for a qualifying transfer, or against timing the process so the candidate is inside the U.S. under a different status before the H-1B petition is filed, where that is legally appropriate.
En resumen
The H-1B $100,000 fee currently applies to new petitions for beneficiaries outside the United States, and remains enforced despite an unresolved legal challenge. Confirm the current status close to your filing date, and consider whether an uncapped alternative fits better given the cost and uncertainty.
Atlas Legal Immigration Law tracks the fee’s legal status closely and can help you plan around it. Reach our team at 1750 E Golf Rd Ste 214, Schaumburg, IL 60173, by phone at (+1) 872 382 2762, or by email at info@theatlaslegal.com. Learn more about H-1B sponsorship o schedule a consultation.
Reviewed by the Atlas Legal Immigration Law editorial team. Last reviewed on August 31, 2026.
Fuentes
- American Immigration Council, USCIS Implements the H-1B Proclamation $100,000 Fee
- Ogletree Deakins, Trump Administration Appeals Ruling Striking Down $100,000 H-1B Fee Requirement
This article is provided for general informational purposes only and does not constitute legal advice. The legal status of the H-1B $100,000 fee remains subject to active litigation and may change. Reading this article or contacting Atlas Legal does not by itself create an attorney-client relationship. The outcome of any immigration matter depends on its individual facts and circumstances.
