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Policy updates

The US$ 100,000 H-1B payment: where it stands today

A proclamation imposed it, a federal court vacated the guidance implementing it, and an appeals court refused to pause that ruling. What applies right now, with dates.

Luis Flávio Marques LimaFounder, Meritus 2 min read

This is the only page in this library where the law moved while we were writing it, and it will keep moving. What follows is the state of play, with dates, so that you can tell how old this is when you read it.

Checked against USCIS on 26 October 2026.

The sequence

19 September 2025. A presidential proclamation, Restriction on Entry of Certain Nonimmigrant Workers, conditioned new H-1B petitions on an additional payment of US$ 100,000. It took effect at 12:01 a.m. eastern time on 21 September 2025 and reached petitions filed after that moment — not previously issued visas, and not petitions already filed.

USCIS stated the consequence plainly at the time: petitions subject to the payment, filed without evidence of payment or a grant of exception, would be denied.

8 June 2026. The U.S. District Court for the District of Massachusetts vacated the agency guidance implementing the payment requirement.

24 July 2026. The government asked the First Circuit to stay that order while it appealed. The First Circuit denied the motion. DHS said it disagrees but will comply with the court's order while it considers next steps.

What that means right now

The payment is not being enforced. An H-1B petition filed today is not conditioned on US$ 100,000.

What it is not: settled. The underlying appeal is live, the proclamation itself was not what the court vacated, and the policy direction behind it has not changed. Treat this as a litigation position that currently favours petitioners, not as a question that has been answered.

The separate US$ 103,265 proposal

A different thing, frequently confused with the first.

DHS has proposed a filing fee of US$ 103,265 for cap-subject H-1B petitions, in addition to all other applicable fees. It was published in the Federal Register.

A proposal is not a rule. It is not in force, it goes through a comment process, and what emerges can differ from what was proposed or not emerge at all. If someone quotes you this number as a current cost, they have confused a proposal with law.

Why we are not predicting the outcome

Because we would be guessing, and a page that guesses is worse than no page. What this one does is give you the dates and the sources so you can check whether anything has moved since.

If an H-1B decision in front of you turns on this, confirm the position on the day — with the attorney of record, against the state of the litigation at that moment. A general page, however carefully dated, is not a safe thing to file on.

Where this fits

The structural facts about the category have not changed through any of this: the H-1B is petitioned by an employer, requires a specialty occupation and a certified labor condition application, and for most people is preceded by a lottery that is not a merits test. Those are on the H-1B page.

For people whose records are strong enough that the lottery is the binding constraint rather than the standard, the categories without a petitioner are EB-1A and EB-2 NIW — compared in EB-1A or EB-2 NIW.

Primary sources

Where this comes from

Every source above was read in the original and checked on 2026-10-26.

Common questions

Questions people actually ask

Do I have to pay US$ 100,000 to file an H-1B today?

No. The guidance implementing that payment was vacated on 8 June 2026, and the government's request to pause that ruling pending appeal was denied on 24 July 2026. DHS has said it will comply with the court order while it considers next steps.

Could it come back?

Yes. An appeal is live, and the policy direction behind it has not changed. This is a litigation position rather than a settled rule, which is why any decision that depends on it should be confirmed on the day it is taken rather than from a page written earlier.

What about the US$ 103,265 figure?

That is a separate DHS proposal for a filing fee on cap-subject petitions, published in the Federal Register. A proposal is not a rule and it is not in force. The two should not be confused with each other.

Did it ever apply to renewals?

The proclamation reached new petitions filed after the effective date and did not reach previously issued H-1B visas or petitions filed before it. Since the implementing guidance has been vacated, the distinction is currently academic.

Find out where your record stands

The assessment is free and reads your record against the standard USCIS applies. You get a written answer — including when the answer is that this is not your pathway yet.

Start the free assessment