Do I or my employer have to pay the $100,000 H-1B fee right now?
Not right now, according to university international offices tracking the case. The fee came from a September 2025 presidential proclamation and applied to certain new H-1B petitions for people outside the US who need a visa to enter, not to every petition. A Massachusetts federal court ruled it unlawful on June 8, 2026, and the First Circuit put that ruling back in force on July 24, 2026. A newer proclamation tried to extend the fee through September 21, 2027, and a California federal court invalidated that extension on September 30, 2026. The government's appeal is still pending, so the fee could come back.
Watch out
Status as of November 1, 2026, and this litigation moves fast. Confirm with your employer's immigration counsel before relying on it for a specific petition.
Informational, not legal advice. Immigration rules change and individual cases differ. Confirm anything that affects your status with your school’s DSO or an immigration attorney before acting.
More on policy changes, fall 2026
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