Last updated October 2026.
Short answer: As of late October 2026, the $100,000 H-1B payment is blocked, not repealed. Two federal district courts have set aside the agency policies used to collect it, and the government is appealing. The proclamation behind it was also extended in September. Because the courts have not settled whether the President had the authority to impose it, the situation can change with little notice. This is general information, not legal advice. Confirm anything about your own case with your school's DSO or an immigration attorney.
What is the $100,000 H-1B fee?
A presidential proclamation (No. 10973, dated September 19, 2025) required a $100,000 payment with certain new H-1B petitions. The employer pays it, not the worker, and it sits on top of the normal filing fees. In September 2026 the administration extended the proclamation for another 12 months, to September 21, 2027, according to Pitt's international office and the law firm Clark Hill.
Is the fee being collected right now?
Based on the court orders, the policies that implement it are currently blocked:
- June 8, 2026: A federal court in Massachusetts vacated the government's implementation of the fee. The First Circuit declined to pause that ruling on July 24, 2026.
- September 30, 2026: In Global Nurse Force v. Trump, Judge Haywood Gilliam in the Northern District of California vacated the agency policies again, covering both the original proclamation and the extension. He barred DHS, USCIS, CBP and the State Department from enforcing them until they complete notice-and-comment rulemaking, and denied the government's request to stay the ruling (per Clark Hill and Immigration Analytics).
- October 9, 2026: The government appealed to the Ninth Circuit (Bloomberg Law). We did not find a ruling on that appeal or on a stay as of this writing.
The rulings do not decide the larger question of whether the President had statutory power to impose the fee. A separate case in Washington, D.C. (Chamber of Commerce v. DHS) went the government's way and is on appeal, and commentators expect the Supreme Court may eventually take it up. Treat "blocked" as the current status, not a permanent one.
Does the fee apply to F-1 students and OPT workers?
For most people already in the US, no. USCIS guidance dated October 20, 2025 says the payment does not apply to a timely filed change of status, such as F-1 to H-1B, or to extensions, amendments and change-of-employer petitions (as summarised by Pitt's international office). The exception is if the change of status is refused, for example because the person leaves the US before it is decided. That is why most F-1 students on OPT were never the main target. The people most exposed are candidates outside the US who need a consular petition. Our earlier post, How to check if a company sponsors H-1B, covers this distinction.
Is there a new H-1B fee proposed?
Yes, and it is separate. In late August 2026 DHS proposed a rule that would add a $103,265 fee to H-1B cap-subject petitions, citing its fee-setting authority rather than the proclamation. It is a proposal only. A final rule would have to be published before anything takes effect, and legal challenges are widely expected. Law firm summaries report the comment period ran about 30 days from publication. Some firms also note that a final rule could address the procedural problems the court found in September, so a court win today does not guarantee the cost goes away.
Related: DHS has also proposed fees on OPT itself. See the proposed OPT fee: what F-1 job seekers should do.
What does this mean for my job search?
The practical effect is on employer behaviour, not on your eligibility:
- Some employers paused sponsorship after the proclamation and may still be cautious. A company's thin 2026 filings can understate its real willingness. Ask the recruiter directly.
- Recruiters may be misinformed. Many assume every H-1B now costs $100,000. If you are in the US on F-1 or OPT, you can accurately say USCIS guidance excludes granted changes of status. Don't argue law; point to the guidance and move on.
- Cap-exempt employers are outside the proposed fee. Universities, affiliated nonprofits and some research organizations file cap-exempt petitions, and the proposed $103,265 fee targets cap-subject filings.
- Wage level matters more than before. Under the rule effective February 27, 2026, the cap lottery weights registrations by offered wage level. Check the wage columns in public filing data before you shortlist.
- Keep a second route. OPT and STEM OPT give you time. Apply widely, and favour employers with a track record of filing.
How should I answer "Do you require sponsorship?" in the meantime?
Honestly, and the same way on every form. Our guide, How to answer "Do you require sponsorship?", covers the wording for F-1 OPT, STEM OPT and H-1B transfer cases.
Where ProfVault helps
You will likely send more applications than a US-citizen peer to get the same number of interviews, and every one asks the sponsorship question. ProfVault's Chrome extension fills your saved profile into the form, including your work-authorization answer, which you set once. Auto-fill is free and unlimited, and a free ATS score shows how well your resume matches a role before you apply. You review each answer and submit yourself. See The one-week job sprint for a plan.
FAQ
Can an employer legally refuse to sponsor because of the fee?
Yes. Sponsorship is the employer's choice. The court rulings affect what the government may collect, not whether a company must file.
Will the fee be refunded if it was paid earlier?
We could not find official guidance on refunds. Ask the employer's immigration counsel.
Does this affect STEM OPT?
No. The H-1B payment and OPT are separate. OPT has its own proposed fee, which is not yet in effect.
Where can I check the latest status?
USCIS's alerts page, your school's international office, and the docket in Global Nurse Force v. Trump (N.D. Cal.).
Sources: Pitt Office of International Services (Oct. 1, 2026 update); Clark Hill, "Federal Court Blocks $100K H-1B Fee Pending Rulemaking"; Immigration Analytics on Global Nurse Force v. Trump; Bloomberg Law (Oct. 2026) on the Ninth Circuit appeal; law firm summaries of DHS's proposed $103,265 fee rule.