If your employer is filing an H1B petition for you between April 1 and June 30, 2026, one question is likely on everyone's mind: does the $100,000 fee apply to your petition?
The short answer depends on one thing: where you are right now. If you are outside the United States waiting to come in on a new H1B, the fee almost certainly applies. If you are already inside the US on H1B status, it almost certainly does not.
Here is exactly what the rule says, who pays in the April-June 2026 window, and what the current legal challenge means for employers filing now.
What the $100,000 Fee Actually Is
On September 19, 2025, the Trump administration issued Presidential Proclamation 10968, imposing a $100,000 fee on certain new H1B petitions. The fee took effect at 12:01 a.m. Eastern on September 21, 2025, and runs for 12 months unless extended.
This is separate from standard USCIS filing fees. Standard fees (base fee, ACWIA training fee, fraud prevention fee) still apply on top. The $100,000 is an additional surcharge, not a replacement.
The proclamation targets foreign workers abroad who would enter the United States on a new H1B visa. It does not apply broadly to all H1B filings.
Who Pays in the April-June 2026 Filing Window
You Pay If
- You are a new H1B cap selectee who was selected in the FY2027 lottery and are currently outside the United States
- You are a cap-exempt beneficiary (at a university, nonprofit, or qualifying research institution) who is currently abroad and this is your first H1B petition
- Your employer is filing an initial H1B for you with consular processing as the intended entry method
You Do Not Pay If
- You are already inside the United States on H1B status and are filing a cap-subject or cap-exempt petition via change of status (not consular processing)
- You are an F-1 OPT student transitioning to H1B cap-subject status while remaining in the US. USCIS has confirmed that F-1 to H1B change-of-status filings are exempt from the $100,000 fee.
- You are transferring your H1B from one US employer to another while remaining in the US. Portability transfers with the same beneficiary continuing domestic employment are exempt.
- You are extending your existing H1B with the same employer. Extensions do not trigger the fee.
- You are filing for an H1B at a cap-exempt employer and you are already inside the US.
The exemption for F-1 OPT students is particularly significant. Most technology companies filling FY2027 H1Bs with recent graduates are filing change-of-status petitions, not consular processing. Those filings are exempt. USCIS clarified this in guidance issued after the initial proclamation generated widespread confusion.
The Legal Challenge: Where It Stands Now
The $100,000 fee has been challenged in federal court. The US Chamber of Commerce and the Association of American Universities filed suit arguing the proclamation exceeded presidential authority and violated the Administrative Procedure Act.
On December 24, 2025, the US District Court for the District of Columbia upheld the fee, ruling the proclamation was within the president's authority under immigration law. The plaintiffs appealed immediately, and the case was fast-tracked to the federal appeals court with oral arguments held in February 2026.
As of April 2026, no injunction has been granted. The fee is in effect and must be paid for applicable petitions filed during the April-June 2026 window. Employers should not wait for the appeal to resolve before filing. If the fee is later struck down, USCIS would issue refund guidance, but counting on that outcome before filing is a filing risk, not a financial strategy.
What Employers Should Budget for FY2027 Petitions
For a large employer filing a cap-subject H1B petition for a foreign national currently abroad, the full cost stack now looks like this:
- $100,000 — Presidential Proclamation fee (if beneficiary is abroad and consular processing)
- $1,615 — Base USCIS filing fee (26+ employee employer)
- $600 — Asylum program fee
- $500 — Fraud prevention and detection fee
- $1,500 — ACWIA training fee
- $2,965 — Premium processing (optional but increasingly standard)
- $2,000–$5,000 — Attorney fees
Total for a foreign national abroad: $109,180–$112,180.
For a domestic change-of-status filing (F-1 OPT, in-status transfer), the $100,000 fee drops out and the total returns to roughly $9,000–$12,000 — consistent with last year's cap-subject cost.
This cost asymmetry is already changing employer behavior. Companies are increasingly preferring to hire H1B candidates who are already inside the US on OPT or existing H1B status, where the $100,000 fee does not apply. Foreign nationals who were selected in the FY2027 lottery but currently live abroad are facing longer offer timeline discussions as employers weigh the cost.
Practical Steps for the April-June 2026 Window
- Confirm your filing method before anything else. Consular processing triggers the fee. Change of status does not. If you are in the US on F-1 or another valid status, discuss with your employer and attorney whether change of status is available.
- Do not delay filing while waiting for the appeal outcome. The fee is in effect. File on time. A delayed filing risks cap-gap issues, status gaps, and missed start dates.
- Use the new Form I-129 (02/27/26 edition). Effective April 1, 2026, USCIS only accepts the February 27, 2026 edition of Form I-129. Filing with an older edition results in immediate rejection. This is a hard deadline with no grace period.
- Get the fee payment method right. The $100,000 fee requires a separate remittance from standard USCIS fees. Your immigration attorney handles this, but verify it is included in the filing package.
Who Is Most Affected
The fee lands hardest on three groups: foreign nationals who were selected in the FY2027 lottery and are currently abroad, cap-exempt new hires at universities or nonprofits who are overseas, and companies in consulting or services that regularly bring in workers from India and other countries on initial H1B status.
Large tech employers (Google, Microsoft, Meta) absorb the cost. For a $200,000-per-year engineering hire, a $100,000 one-time filing cost is significant but not a dealbreaker. For a $70,000-per-year role at a mid-size firm, it changes the economics substantially.
The structural effect: employers are increasingly filtering their FY2027 H1B filings toward candidates already in the US on OPT or existing H1B status, where the fee does not apply. This is narrowing the pool of employers willing to sponsor candidates who are abroad.
Frequently Asked Questions
My employer selected me in the lottery. I am in the US on OPT. Do I pay the $100,000 fee?
No. If your employer files a change-of-status H1B petition while you are in the US on valid F-1 OPT status, the $100,000 fee does not apply. USCIS has confirmed this exemption.
I am on H1B with Employer A and want to transfer to Employer B. Does the fee apply?
No. H1B portability transfers where the beneficiary remains in the US on valid H1B status are exempt from the $100,000 fee. The new employer pays standard filing fees only.
What if my employer refuses to pay the $100,000 fee?
Federal law prohibits employers from passing H1B filing fees to the employee. The $100,000 fee is a filing fee for immigration purposes. If an employer asks you to cover it, that is a legal violation. If an employer declines to file because of the fee, that is a business decision they are entitled to make, but they cannot make you pay it.
If the appeals court strikes down the fee, will I get a refund?
Potentially, yes. If the fee is ruled unlawful, USCIS would likely issue guidance on refunds. But this is not guaranteed and the timeline is uncertain. File and pay the fee as required. Do not plan your petition timeline around a hoped-for court outcome.