$100,000 H-1B fee – Current status
This summary is based on currently available information. It does not relate to any specific situation and is not legal advice.
In September 2025, President Trump issued a Presidential Proclamation requiring payment of an additional $100,000 filing fee for certain H-1B applications, specifically for individuals who are outside the United States and need H-1B visas to enter the country.
The fee has been challenged in federal court. On June 8, 2026, a federal court in Massachusetts ruled that the fee was unlawful and ordered the government to stop collecting it. After the government appealed, the fee was temporarily restored. On July 24, 2026, the U.S. Court of Appeals for the First Circuit reinstated the June 8 ruling, and the $100,000 fee is currently not required.
The Trump administration recently issued a new proclamation extending the $100,000 fee payment requirement through September 21, 2027. However, the court order blocking collection of the $100,000 fee remains in effect, which means that this extension currently has no practical effect. However, the government’s appeal is still pending. As well, on September 30, 2027, another federal court in California also found the rule to be unlawful and invalidated the Trump administration’s recent proclamation extending the fee payment.
Frequently Asked Questions
No. The fee is currently not required.
Yes. The underlying presidential proclamations requiring the payment of the fee are still in effect. However, the $100,000 payment requirement is currently blocked by the court order.
Yes. The government’s appeal is still pending, and the fee could be reinstated depending on the outcome of the litigation.
No. The $100,000 filing fee applies to certain H-1B petitions, specifically those involving individuals outside the United States who require H-1B visas to enter.
ISSS will continue to monitor the litigation and provide updates on this page as additional information becomes available.
As always, ISSS is here to answer questions and support you!