Live status
Not in effect
Last verified September 13, 2026
Calculating…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.
Information only, not legal advice. Confirm with an immigration attorney before filing.
New: a separate $103,265 H-1B fee has been proposed
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…
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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.
What 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.
Fee APPLIES
- · 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
Fee DOES NOT apply
- · 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
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.
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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>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).
Get the personalized plan
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.
Start the 90-second intakeThis page summarizes publicly reported information about Proclamation 10973, the proposed $103,265 fee, and the active lawsuits. It is not legal advice and the litigation posture changes — 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.