Live status · updated May 24, 2026

$100K H-1B supplemental fee — current status

The one-paragraph version

The September 2025 proclamation imposing a $100,000 supplemental fee on H-1B petitions is still in effect. It applies to NEW cap petitions for workers outside the US. Per the USCIS H-1B FAQ, it does NOT apply to: H-1B transfers (Form I-129 for workers already in US), H-1B extensions, change-of-status filings for workers already in the US, cap-exempt petitions, or amended petitions. The Chamber of Commerce / AAU lawsuit was filed Dec 2025; DC District Court upheld the fee Dec 23, 2025; appeal at DC Circuit with briefing complete (Jan 30, 2026); no oral argument or merits ruling has been published as of this writing. Don’t plan around an injunction that hasn’t landed.

What the fee applies to (and what it doesn’t)

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 under 8 USC §1184(g)(5)
· Amended petitions (no underlying status change)

USCIS’s own H-1B FAQ confirms these carveouts. The carveouts are critical for laid-off H-1B workers: a new employer’s transfer petition (you’re already in the US in your grace window) is NOT subject to the $100K fee.

Litigation timeline

Sept 19, 2025Trump Proclamation 10987

Imposes the $100,000 supplemental fee on new H-1B cap petitions for workers outside the US. Effective Sept 21, 2025.

Sept 23, 2025USCIS H-1B FAQ published

Confirms the carveouts above — transfers, extensions, and in-US change-of-status are NOT subject to the fee.

Dec 12, 2025Multistate AG suit filed (D. Mass.)

State attorneys general challenging the proclamation on APA + delegation grounds. Early stage as of this writing.

Dec 15, 2025Chamber of Commerce + AAU v. Mayorkas filed (DDC)

Industry + research-university coalition seeking declaratory + injunctive relief.

Dec 23, 2025DC District Court ruling — fee upheld

Court found the proclamation within statutory authority. Plaintiffs appealed Dec 29.

Jan 9–30, 2026DC Circuit briefing

Expedited briefing schedule per DC Circuit. Appellants brief Jan 9; government Jan 30. No oral argument scheduled as of this writing.

Feb 26, 2026Global Nurse Force v. Trump PI hearing (ND Cal)

Preliminary injunction motion heard; no public decision in search results as of this writing.

May 24, 2026Status as of this update

Fee remains in effect. No oral argument or merits ruling at DC Circuit. Don't plan around an injunction that hasn't landed.

What this means for laid-off H-1B workers

Your transfer is unaffected.A new employer’s I-129 transfer petition (filed while you’re in your 60-day grace window) is NOT subject to the $100K fee per USCIS’s own FAQ.
Extensions are unaffected. If your H-1B is about to expire and your employer (current or new) files an extension, the $100K fee does not apply.
Cap-exempt employers remain a fast backstop. Universities, research nonprofits, and affiliated entities (8 USC §1184(g)(5)) file outside the cap and outside the $100K fee. Browse the cap-exempt database.
If you depart and need to return on a NEW H-1B, the fee may apply.Returning workers requiring a fresh cap petition outside the US are within the fee’s scope. Plan accordingly — if you have an approved I-140, your priority date stays with you regardless of how you re-enter the line.

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

$29 Standard delivers a 60-day PDF action plan tied to your specific situation, including which $100K-fee carveout applies to your path. $129 Priority adds the cap-exempt employer shortlist, EB-2 NIW evidence builder, AOS equities builder, USCIS Case Watcher, and severance optimization.

Start the 90-second intake

This page summarizes publicly reported information about Proclamation 10987 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.