United States · H-1B Proclamation payment

H-1B $100,000 fee: who has to pay?

Answer four questions about the petition. The tool states whether it falls inside the scope USCIS describes, then lists what the courts and the President have done, each with its date.

Scope is narrow: new H-1B petitions filed on or after September 21, 2025 for workers outside the U.S. without a valid H-1B visa. As of October 20, 2026, USCIS says it is complying with a court order and is not collecting, while appeals continue.

Status as of October 20, 2026Retrieved October 2026Runs in your browser · nothing is sent or stored

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Result

Answer the questions and press Check scope.

Scope and enforcement are two different questions

Most confusion about the $100,000 payment comes from mixing them up. Scope is which petitions the Proclamation reaches. Enforcement is whether USCIS is collecting right now. A petition can be inside the scope while the payment is not being collected, and articles written at different dates give different answers. This page separates the two and dates every statement.

Who the Proclamation reaches

Proclamation 10973, issued September 19, 2025, restricts entry of H-1B workers unless a $100,000 payment accompanies the petition. USCIS says it applies to new H-1B petitions filed at or after 12:01 a.m. Eastern on September 21, 2025, for beneficiaries who are outside the United States and do not have a valid H-1B visa. It also reaches a petition for someone inside the U.S. that requests a change of status, amendment or extension of stay if USCIS decides the worker is ineligible for it. USCIS says a petition requesting an amendment, change of status or extension of stay for someone inside the U.S. is not subject to the payment when the request is granted. Payment is made through pay.gov before filing and is not submitted with the petition. A petition that is subject to the payment but filed without proof of payment or an exception will be denied.

The Secretary of Homeland Security can except an individual, all workers of a company or an industry if hiring is in the national interest. USCIS describes these exceptions as extraordinarily rare.

Dated timeline

Key events through October 20, 2026
DateEvent
September 19, 2025Proclamation 10973 signed. Payment applies from 12:01 a.m. EDT September 21, 2025.
October 20, 2025USCIS updates guidance on who must pay and how to pay through pay.gov.
June 8, 2026District of Massachusetts (State of California v. Mullin) vacates the agency guidance implementing the payment.
July 24, 2026First Circuit denies the government's request to stay that order.
September 18, 2026Proclamation 11069 extends the restriction 12 months, to September 21, 2027.
September 30, 2026Northern District of California (Global Nurse Force v. Trump) vacates and enjoins the agency policies implementing Proclamation 10973 and its extension until notice-and-comment rulemaking is done.

That September 30 order also notes that a District of D.C. court had upheld the Proclamation in Chamber of Commerce v. DHS, which was on appeal to the D.C. Circuit at that time. USCIS's own H-1B page, last updated September 21, 2026, says DHS will comply with the Massachusetts order while it considers next steps and still plans to collect the payment if the order is lifted. That page predates the September 30 order and does not mention it.

Three worked examples

Engineer abroad, no H-1B visa, petition filed October 2026. Inside the scope USCIS describes. The collection status is the separate question the status panel answers.

F-1 graduate in Texas, change of status to H-1B filed October 2026. Depends on USCIS: no payment if it approves the change of status, payment if it finds the worker ineligible.

Worker in Canada holding a valid H-1B visa. Outside the scope as USCIS words it, which is limited to beneficiaries who do not have a valid H-1B visa.

Mistakes to avoid

What this does not cover

Consular processing at the State Department, the merits of the lawsuits, how appeals will come out, tax or wage rules, or a prediction of whether the payment returns. It cannot see a petition's receipt notice or a granted exception.

Sources

Retrieved October 2026. This is a fast-moving area: re-read the USCIS H-1B page and the dockets before relying on any status line.

Frequently asked questions

Who has to pay the $100,000 H-1B fee?

USCIS says the Proclamation payment applies to new H-1B petitions filed at or after 12:01 a.m. Eastern on September 21, 2025, for beneficiaries outside the United States who do not have a valid H-1B visa. It also applies to a petition for someone inside the U.S. if USCIS finds the worker ineligible for the change of status, amendment or extension requested.

Does the $100,000 fee apply to extensions or change of status?

USCIS says a petition requesting an amendment, change of status or extension of stay for someone inside the United States is not subject to the payment when that request is granted. It becomes subject to it if USCIS decides the worker is ineligible.

Is the $100,000 H-1B fee still being collected?

As of October 20, 2026, USCIS says DHS will comply with a June 8, 2026 court order that vacated its guidance, and it is not collecting. A September 30, 2026 Northern District of California order also vacated and enjoined the implementing policies. Appeals are pending, and DHS says it plans to collect if the order is lifted.

Did the President extend the $100,000 H-1B proclamation?

Yes. On September 18, 2026 the President signed Proclamation 11069, extending the restriction for 12 months, to September 21, 2027. The September 30 court order covers the agency policies for both the original proclamation and the extension.

Can an employer get an exception from the $100,000 payment?

The Secretary of Homeland Security can grant an exception for an individual, all workers at a company or an industry when hiring is in the national interest. USCIS describes granted exceptions as extraordinarily rare.

How is the $100,000 payment made?

It is paid through pay.gov before the petition is filed, and the payment is not submitted with the petition. Form G-1055 says not to include it with the petition and to follow the instructions on the USCIS H-1B page.

Why do articles about the $100,000 fee disagree?

They are written on different dates and answer different questions. Scope, court orders, appeals and the September 2026 extension all moved at different times, and some posts predate the July 24 and September 30, 2026 rulings.

Not legal or tax advice

This page reports published agency and court documents as of October 20, 2026 and applies a simple scope test. It is not legal advice and cannot predict how litigation will end. Ask an immigration attorney before filing or paying.

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