The H-1B $100,000 fee now runs through 21 September 2027, but employers are not paying it today because of a court order. A presidential proclamation dated 18 September 2026 extended the payment by 12 months, according to Mintz. The extension leaves one practical question open: whether the court order that blocks collection of the original fee also covers the new proclamation.
Quick guide
- What the proclamation says
- Who pays and who is exempt
- Where the courts stand
- What employers and applicants should do
- H-1B fee questions
What the extended proclamation says
The original proclamation of September 2025 applied the fee to certain petitions filed from 21 September 2025 to 21 September 2026. The new one, issued on 18 September 2026, extends it through 21 September 2027, according to Mintz. It targets consular petitions, meaning cases where the worker must be admitted to the United States for the petition to take effect.
Who pays and who is exempt
The employer pays. Mintz says the $100,000 applies to new H-1B petitions filed on or after 21 September 2026 in two situations: the worker is outside the US and has no valid H-1B visa, or the petition asks for consular notification, port-of-entry notification or pre-flight inspection.
The exemptions are significant. The fee does not apply to workers who already hold an H-1B visa or an approved petition filed before 21 September 2026. It also does not apply to people already in the US who are sponsored for an amendment, change of status or extension of stay. A change of status from F-1 to H-1B, for example, is not a consular petition, so it falls outside the fee as Mintz describes it.
Where the courts stand
The legal position has moved several times. A university international-student office page at CU Boulder reports that a federal court in Massachusetts ruled the fee unlawful on 8 June 2026, that the government appealed, and that the First Circuit reinstated the ruling on 24 July 2026. The government’s appeal is still pending. The same page reports a separate California ruling against the extension, but it gives a date that falls after the page’s own publication date, so check the court record before relying on that detail.
The October update from Grape Law says USCIS is not collecting the payment while the appeal is pending, and that the extension would apply through September 2027 only if the court ruling is overturned. Mintz takes a more cautious view. It suggests USCIS may try to apply the new fee immediately, on the argument that the July order does not cover the new proclamation, and it expects immediate litigation. These are law-firm readings, not rulings, so the position can change without notice.
What employers and applicants should do
Employers should budget for both outcomes. A cap-subject filing for a worker abroad could face the fee if the appeal succeeds or the new proclamation is enforced separately. Delay in an offer letter can cost more than a filing error, so many sponsors will want counsel to confirm the position the week they file.
Consider a hypothetical case. Arjun is an Indian software engineer abroad who has a job offer from a US company and no H-1B visa. His employer would be the paying party if the fee applied. A colleague already in the US on F-1 status who is changing status would not trigger it. Workers should ask their employer which category their petition falls in, and should not pay any part of a fee themselves without advice. Grape Law also notes a separate proposed $103,265 fee for cap-subject petitions, which remains a proposal and has not taken effect.
For related reading, see our reports on the PERM suspension for major IT firms and the October 2026 Visa Bulletin. You can also test your own route with our visa eligibility checker.
H-1B fee questions
How long does the extended H-1B fee last?
The proclamation of 18 September 2026 extends it through 21 September 2027, according to Mintz.
Is the $100,000 being collected now?
Not according to Grape Law, which says USCIS is not collecting it while the government’s appeal is pending.
Who pays the H-1B fee?
The employer pays it. The fee applies to new petitions for workers outside the US without a valid H-1B visa, or where the petition requests consular or port-of-entry notification.
Does it apply to a change of status inside the US?
Mintz says amendments, changes of status and extensions of stay for people already in the US are exempt.
Could the fee come back?
Yes, if the court ruling is overturned on appeal or if USCIS applies the new proclamation separately, as Mintz suggests it might. Check current guidance before filing.
Sources
- Mintz — Presidential proclamation extends $100K H-1B fee. https://www.mintz.com/insights-center/viewpoints/2806/2026-09-23-presidential-proclamation-extends-100k-h-1b-fee
- CU Boulder International Student and Scholar Services — $100,000 H-1B fee: current status. https://www.colorado.edu/isss/2026/10/07/100000-h-1b-fee-current-status
- Grape Law — US immigration update, October 2026. https://www.grapelaw.com/blog/us-immigration/us-immigration-update-october
