The $100,000 H-1B Fee in September 2026: What's in Force, What's Proposed
For African professionals hoping to work in the United States, and for the employers who want to hire them, the H-1B rules have been hard to follow this year. Two different fees are in the news, and they are at very different stages. Here is where things stand at the end of September 2026.
1. The $100,000 fee: extended, but blocked in court
A presidential proclamation in September 2025 required a $100,000 payment for new H-1B workers entering the United States from abroad. It has been in and out of court since:
- 8 June 2026: a federal court in Massachusetts struck down the policy that put the fee into effect.
- 24 July 2026: the First Circuit Court of Appeals refused the government's request to keep the fee in place while it appeals.
- 18 September 2026: a new proclamation extended the fee policy for another 12 months, to 21 September 2027.
Despite the extension, the court order still stands. According to Yale's international office, USCIS says it will follow the order and is not currently collecting the fee. The appeal is ongoing, so this could change.
The fee was aimed at workers entering from abroad. People already in the U.S. who change status, for example from a student visa to H-1B, were not covered by it.
2. A separate $103,265 fee: proposed, not in effect
On 25 August 2026, the Department of Homeland Security proposed a different fee: $103,265 on every cap-subject H-1B petition, including those under the advanced-degree allocation. The proposal would exempt some universities and nonprofit and government research organizations. It is only a proposal. It was open for 30 days of public comment and is not in force.
What this means for diaspora professionals
- If you already hold an H-1B, nothing changes for you today.
- If you are abroad and waiting on an H-1B, watch the appeal closely. Your employer bears the most risk if the $100,000 fee comes back.
- If you are a student in the U.S., the change-of-status route was outside the $100,000 fee, but the proposed $103,265 fee would cover cap-subject petitions more broadly if it's adopted.
- If you are job hunting, some employers may pause H-1B hiring until the rules settle. Ask early about sponsorship, and look at employers that are exempt from the cap, such as universities and some research organizations.
This article is general information, not legal advice. Speak to a qualified immigration attorney about your situation.