The short answer
No. The $100,000 H-1B fee is not being collected as of November 2026. Courts have blocked it, and a second judge struck down the September 2026 version that tried to extend it. But there is a separate, newer proposal for a $103,265 fee, and that one would matter far more to international students.
How the $100,000 fee got here
| Date | What happened |
|---|---|
| Sept 2025 | Presidential proclamation creates a $100,000 payment for certain new H-1B workers entering from abroad |
| June 8, 2026 | Federal court in Massachusetts vacates the fee as an unlawful tax |
| July 24, 2026 | First Circuit declines to reinstate it; USCIS stops collecting |
| Sept 18, 2026 | New proclamation extends the fee through Sept 21, 2027 |
| Oct 1, 2026 | Another federal judge strikes down the extended version |
The government is still appealing, so this could change with little notice.
Did it ever apply to F-1 students?
Generally, no. The $100,000 fee targeted H-1B workers needing a visa issued abroad. Changes of status filed inside the US, such as F-1 or OPT to H-1B, plus extensions and transfers, were not covered.
The $103,265 proposal is different
DHS separately proposed a $103,265 fee on all cap-subject H-1B petitions. Unlike the blocked fee, it would apply whether the worker is abroad or changing status inside the US. That includes F-1 students selected in the H-1B lottery.
It is only a proposal. The comment period closed Sept 24, 2026, and no final rule has been published. If it is finalized, expect legal challenges similar to the $100,000 fee.
What this means for your job search
- Employers are cautious, not frozen. USCIS approved 270,419 H-1B petitions in the first nine months of FY2026, and filings stayed close to the prior year.
- Cap-exempt employers matter more. Universities, affiliated nonprofits and research organizations are not subject to the cap, so they would not face a cap-subject fee.
- Ask about sponsorship early. In interviews, it is fair to ask how the company has handled H-1B filings this year.
Frequently asked questions
Is the $100,000 H-1B fee in effect today? No. A court order blocks it while the government appeals.
Would the $103,265 fee apply to F-1 to H-1B changes? As proposed, yes. It covers all cap-subject petitions regardless of location.
Who pays these fees? Both are charged to the employer filing the petition. Federal rules limit which H-1B costs an employer may pass on to the worker, so ask an immigration attorney if an employer asks you to pay.
Want employers with a sponsorship track record? Syncra filters jobs by H-1B sponsorship history. See H-1B sponsor jobs.
Syncra Talent Solutions is not a law firm and does not provide legal advice.
Sources: Fragomen · Forbes · Clark Hill · CDF Labor Law · Ellis · American Bazaar
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