The $100,000 H-1B fee, today:Not in effect.
A federal court vacated the fee, and on July 24, 2026 the First Circuit refused to reinstate it while the government appeals. USCIS says it is complying with that order.
Three rules everyone is asking about. One board.
Each line cites the Federal Register notice, court order or USCIS page it rests on, with the date we last verified it. Join the list and we email you when a status changes.
Vacated June 8. The First Circuit refused a stay July 24. Only ever reached new petitions for workers outside the U.S.; transfers and extensions were excluded from day one.
1st Cir. No. 26-1699 · USCIS FAQ 07/28/2026Expires Sept 21, 2026 absent extension
A separate fee at filing on every cap-subject petition, including F-1 change of status. Published Aug 25. It is a proposal until DHS issues a final rule.
91 FR 54817 · DHS Docket No. USCIS-2026-0298Comments close Sep 24, 2026
If you were laid off today, the 60 days still apply. DHS published a proposal to remove them on Sept 11. Nothing changes unless a final rule issues.
91 FR 57807 · USCIS-2026-0364Comments close Nov 10, 2026
A year in court
Signed, in force Sept 21 · Sept 19, 2025
D.D.C. upholds · Dec 23
D.C. Circuit argued · Mar 9
D. Mass. vacates · June 8
District court stays itself · June 11–12
1st Cir. denies stay · July 24
USCIS FAQ · July 28
$103,265 proposed · Aug 25
TODAY · Sep 13
Expires · Sept 21, absent extension
- Sept 19, 2025: Proclamation 10973 signed. 'Restriction on Entry of Certain Nonimmigrant Workers' imposes a $100,000 payment on new H-1B petitions requiring consular processing for workers outside the US. Effective Sept 21, 2025 (12:01 a.m. EDT); self-expires ~Sept 21, 2026 absent extension.
- Sept 23, 2025: USCIS H-1B FAQ published. Confirms the carveouts above — transfers, extensions, and in-US change-of-status are NOT subject to the fee.
- Dec 12, 2025: Multistate AG suit filed (D. Mass.). State attorneys general challenging the proclamation on APA + delegation grounds.
- Dec 15, 2025: Chamber of Commerce v. DHS filed (D.D.C., No. 1:25-cv-03675). Industry + research-university coalition seeking declaratory + injunctive relief.
- Dec 23, 2025: DC District Court ruling — fee upheld. Court found the proclamation within statutory authority. Plaintiffs appealed Dec 29.
- Jan 9–30, 2026: DC Circuit briefing. Expedited briefing schedule per DC Circuit. Appellants brief Jan 9; government Jan 30.
- Feb 26, 2026: Global Nurse Force v. Trump PI hearing (ND Cal). Preliminary injunction motion heard; no public decision found.
- Mar 9, 2026: D.C. Circuit hears argument (No. 25-5473). Chamber of Commerce v. DHS, the appeal of the Dec 23 ruling that upheld the fee, was argued. No decision published as of Sept 13, 2026.
- June 8, 2026: D. Mass. VACATES the fee in full (California v. Mullin). Judge Sorokin grants summary judgment for a 20-state coalition and vacates the fee universally, holding it an unlawful tax the President lacked authority to impose (exceeds statutory authority; violates the APA). No. 1:25-cv-13829-LTS.
- June 11–12, 2026: Government appeals; D. Mass. stays its own vacatur. The government files a notice of appeal to the First Circuit (No. 26-1699). On June 12 the district court denies a full stay but grants a narrower administrative stay of its own vacatur — so the $100,000 fee CONTINUES for consular-processing petitions while the appeal is pending.
- July 24, 2026: First Circuit DENIES the government's stay — fee blocked again. The First Circuit denies the government's motion to stay the D. Mass. judgment (No. 26-1699), concluding the government failed to make a strong showing it is likely to succeed on the merits. The June 12 administrative stay is lifted, the vacatur stands, and the $100,000 fee cannot be collected while the appeal proceeds.
- July 28, 2026: USCIS updates its H-1B FAQ. USCIS says it will comply with the First Circuit's order and still plans to collect the payment if the order is lifted.
- August 8, 2026: Status as of this update. The fee is NOT in effect. The merits appeal remains pending at the First Circuit, and the government may seek a stay from the Supreme Court. Proclamation 10973 self-expires by its own terms around Sept 21, 2026 (12 months after taking effect), which limits how much a later revival could matter. Re-verify the First Circuit docket (No. 26-1699) and the USCIS H-1B FAQ before acting.
- Aug 25, 2026: DHS proposes a separate $103,265 H-1B fee. Proposed rule, 91 FR 54817. Would apply to all cap-subject H-1B petitions if finalized. Comments close Sept 24, 2026.
Two taps. A straight answer for both fees.
Checked against the proclamation’s own text and the proposed rule. Then, if you want, we email you only when your answer changes. Nothing else, ever.
If you were laid off, the 60-day clock still runs. Start it right.
Two proposed rules, two comment deadlines. Get the employer briefing before Sept 24.
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What happens on September 21
Proclamation 10973 says it expires, absent extension, 12 months after it took effect at 12:01 a.m. Eastern on September 21, 2025. Some law firms describe September 20, 2026 as its last day.
As of September 13, 2026, the Federal Register shows no extension. Extending it would take a new presidential action.
Expiry does not end the court cases. The government's First Circuit appeal (No. 26-1699) is still being briefed, and the Chamber of Commerce appeal in the D.C. Circuit (No. 25-5473) was argued March 9, 2026 with no decision we could find.
Separately, DHS has proposed a different $103,265 fee on all cap-subject H-1B petitions. It is not in effect. Public comments close September 24, 2026.
We will update this page on September 21.
The proposed $103,265 fee, in full
DHS has proposed a separate $103,265 fee, paid at filing, on all H-1B cap-subject petitions, on top of all other fees. It is a proposal, not a final rule, and is not being charged.
Public comments close September 24, 2026 · Calculating…
Read the proposed ruleWhat the $100K fee applies to (and what it doesn’t)
While the vacatur stands, none of this is being collected. The scope below is how the proclamation is written — it matters again only if the fee is revived on appeal.
- New cap H-1B petitions for workers outside the US
- Consular processing applications for cap H-1B
- First-time H-1B grants requiring overseas stamping
- H-1B transfers (I-129 for workers already in US)
- H-1B extensions / renewals
- Change-of-status from F-1, L-1, etc. to H-1B in US
- Cap-exempt petitions filed for a worker already in the US (a consular cap-exempt petition is less clear — confirm with counsel)
- Amended petitions (no underlying status change)
Litigation timeline, in full
Proposed rule, 91 FR 54817. Would apply to all cap-subject H-1B petitions if finalized. Comments close Sept 24, 2026.
The fee is NOT in effect. The merits appeal remains pending at the First Circuit, and the government may seek a stay from the Supreme Court. Proclamation 10973 self-expires by its own terms around Sept 21, 2026 (12 months after taking effect), which limits how much a later revival could matter. Re-verify the First Circuit docket (No. 26-1699) and the USCIS H-1B FAQ before acting.
USCIS says it will comply with the First Circuit's order and still plans to collect the payment if the order is lifted.
Show full timeline (11 earlier events)
The First Circuit denies the government's motion to stay the D. Mass. judgment (No. 26-1699), concluding the government failed to make a strong showing it is likely to succeed on the merits. The June 12 administrative stay is lifted, the vacatur stands, and the $100,000 fee cannot be collected while the appeal proceeds.
The government files a notice of appeal to the First Circuit (No. 26-1699). On June 12 the district court denies a full stay but grants a narrower administrative stay of its own vacatur — so the $100,000 fee CONTINUES for consular-processing petitions while the appeal is pending.
Judge Sorokin grants summary judgment for a 20-state coalition and vacates the fee universally, holding it an unlawful tax the President lacked authority to impose (exceeds statutory authority; violates the APA). No. 1:25-cv-13829-LTS.
Chamber of Commerce v. DHS, the appeal of the Dec 23 ruling that upheld the fee, was argued. No decision published as of Sept 13, 2026.
Preliminary injunction motion heard; no public decision found.
Expedited briefing schedule per DC Circuit. Appellants brief Jan 9; government Jan 30.
Court found the proclamation within statutory authority. Plaintiffs appealed Dec 29.
Industry + research-university coalition seeking declaratory + injunctive relief.
State attorneys general challenging the proclamation on APA + delegation grounds.
Confirms the carveouts above — transfers, extensions, and in-US change-of-status are NOT subject to the fee.
'Restriction on Entry of Certain Nonimmigrant Workers' imposes a $100,000 payment on new H-1B petitions requiring consular processing for workers outside the US. Effective Sept 21, 2025 (12:01 a.m. EDT); self-expires ~Sept 21, 2026 absent extension.
FAQ
Is the $100,000 H-1B fee in effect right now?
No. As of September 13, 2026 it is not being collected. A federal court vacated it, and the First Circuit refused to reinstate it on July 24, 2026 while the appeal continues.
Does the $100,000 fee apply to H-1B transfers or extensions?
Under the proclamation's own terms and the USCIS FAQ, no. It was written for new petitions for workers outside the United States who need consular processing. Transfers, extensions and amendments for workers already in the U.S. were excluded.
Does it apply to change of status from F-1 to H-1B?
The $100,000 proclamation fee excluded in-U.S. change of status. The separate proposed $103,265 fee would apply to all cap-subject petitions, which includes most F-1 to H-1B lottery petitions, if it is finalized. It is not in effect.
When does the $100,000 fee proclamation expire?
The proclamation expires, absent extension, 12 months after it took effect at 12:01 a.m. Eastern on September 21, 2025. As of September 13, 2026 no extension appears in the Federal Register.
What is the proposed $103,265 H-1B fee?
A DHS proposed rule published August 25, 2026 (91 FR 54817, docket USCIS-2026-0298). It would add a $103,265 fee at filing to all H-1B cap-subject petitions. It is not final and not being charged. Public comments close September 24, 2026.
Tools that route around the fee
- 60-day grace calculator — confirms you’re still in valid status (your transfer is fee-free during this window).
- Cap-exempt employer database — the universe of employers who can file H-1B any day of the year, no fee.
- Concurrent H-1B feasibility — a second concurrent petition keeps you in valid status with no grace clock at all.
- AOS Equities Builder — if your priority date is current, filing I-485 avoids the consular pathway entirely (and the fee with it).
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For $9, get a personalized 60-day PDF action plan tied to your specific situation, including which $100K-fee carveout applies to your path. Or skip the PDF and get a free introduction to a vetted immigration attorney licensed in your state.
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<a href="https://h1bcompass.com/100k-fee-status"><img src="https://h1bcompass.com/badge/100k-fee-status.svg" alt="$100K H-1B fee status" width="320" height="64"></a>Information only, not legal advice. H-1B Compass is not a law firm. This page summarizes publicly reported information about Proclamation 10973, the proposed $103,265 fee, and the active lawsuits — we update when a court rules or USCIS issues new guidance. Always confirm current status with USCIS’s primary alerts page at uscis.gov/newsroom/alerts.