Status note: This guide reflects publicly reported rules as of September 2026. Immigration policy is changing quickly and some rules are being challenged in court. Always confirm with official sources or an immigration attorney before acting.
On September 19, 2025, a presidential proclamation created a $100,000 payment that employers must make before filing certain new H-1B petitions. It took effect on September 21, 2025, and it has reshaped how companies hire from abroad.
Who it applies to:
The fee targets new H-1B petitions for people outside the United States who would need a visa from a US consulate. It is paid by the employer, not the worker.
Who is usually exempt:
- F-1 students on OPT whose employer files a change of status while they remain in the US
- Workers already in the US in another valid status who change to H-1B
- Current H-1B holders extending or changing employers inside the US
If a case switches to consular processing, or the worker travels during the process, the fee may apply. Ask the employer’s attorney before any international travel.
Court challenges:
Several lawsuits have challenged the fee. A federal court vacated it on June 8, 2026, then paused that ruling days later, so the fee continued to be collected while the government appeals. This can change quickly.
What it means for students:
Employers now have a strong financial reason to hire candidates already in the US. For international students, staying in status and moving from OPT to H-1B inside the country matters more than before.
