On September 19, 2025, the Trump Administration issued Presidential Proclamation No. 10973, titled “Restriction on Entry of Certain Nonimmigrant Workers.” The proclamation introduced a $100,000 fee — the largest per-petition fee in the history of the H-1B program.
While Presidential Proclamation 10973 explicitly states that the restriction “shall expire, absent extension, 12 months after the effective date” (i.e., September 21, 2026), the fee has still been the single most disruptive policy change to the H-1B program in decades.
For employers who rely on international talent, particularly in technology, healthcare, engineering, and the sciences, the fee has triggered urgent strategic reassessments.
Understanding where the fee applies, where exemptions exist, and how litigation may reshape the landscape is essential for any employer or foreign national navigating the H-1B system in 2026.
Which H-1B Petitions Are Subject to the Fee?
The $100,000 fee applies to new H-1B petitions filed on or after September 21, 2025. It applies to:
- Beneficiaries who are outside the United States and who do not hold a valid, unexpired H-1B visa.
- Petitions requesting consular notification, port-of-entry notification, or pre-flight inspection.
Petitions filed for beneficiaries inside the United States are generally exempt if USCIS grants the requested change of status, extension, or amendment.
However, if USCIS determines the beneficiary is ineligible for the requested relief (for example, for not maintaining valid status or departing the U.S. before adjudication), the Proclamation and $100,000 fee will apply.
This means the fee creates risk not only at the filing stage, but also during adjudication, a dynamic that has complicated employer filing strategies significantly.
The True Cost of an H-1B Petition in 2026
Even before the $100,000 proclamation fee, the cost of filing an H-1B petition had risen substantially.
The base Form I-129 filing fee, the Fraud Prevention and Detection Fee, the ACWIA Training Fee (which varies based on employer size), and the Asylum Program Fee all add to the total.
For petitions subject to the proclamation, the $100,000 fee is layered on top of these existing costs, potentially pushing the total government fee for a single H-1B petition above $101,000.
Premium processing, which provides a 15-business-day adjudication timeline for H-1B petitions, carries its own additional fee of $2,965 (after a March 1, 2026 increase). All USCIS fees are subject to periodic adjustment, and filers should always verify the current fee schedule at uscis.gov before submitting any petition.
Key Exemptions
Certain H-1B petitions are exempt from the $100,000 fee. These include:
- Petitions received by USCIS before September 21, 2025
- Change-of-status, change-of-employer, extension, or amendment petitions filed on behalf of a beneficiary who is in the United States in a valid nonimmigrant status and whose petition is granted.
Beneficiaries who hold valid, unexpired H-1B visas at the time another H-1B petition is filed on their behalf are also exempt, as are those granted National Interest Exceptions (an extraordinarily rare designation granted at DHS discretion).
These exemptions have led many employers to prioritize change-of-status filings and in-country transfers wherever possible, shifting the traditional reliance on consular processing pathways.
Litigation: Three Fronts, One Uncertain Outcome
As of March 2026, three separate lawsuits are challenging the legality of the $100,000 fee.
One of these cases was filed by the U.S. Chamber of Commerce and the Association of American Universities in the U.S. District Court for the District of Columbia in October 2025.
In December, Judge Beryl A. Howell denied the plaintiffs’ motion for summary judgment in th Chamber of Commerce case and granted the government’s cross-motion, ruling that the fee falls within the broad presidential authority under Section 212(f) of the Immigration and Nationality Act.
The Chamber has appealed, and the D.C. Circuit agreed to fast-track the case.
Oral arguments were held on March 9, and a decision is pending. Two other challenges remain active: one brought by a coalition including healthcare providers, labor unions, religious organizations, academic institutions, and individual visa holders in the Northern District of California, and another filed by a coalition of 20 state attorneys general in the District of Massachusetts in December 2025.
Until appellate courts weigh in, the fee remains in effect. The possibility of conflicting circuit court decisions could ultimately push this issue toward the Supreme Court.
Strategic Implications for Employers
Employers should evaluate pending and planned H-1B filing through the lens of the $100,000 fee.
Where a beneficiary is already in the United States in valid status, a change-of-status strategy may avoid the fee entirely. For beneficiaries abroad, employers should assess whether the cost is justified or whether alternative visa categories, such as L-1, O-1, or even EB-1A, offer more cost-effective pathways.
The FY 2027 H-1B lottery registration period, which ran from March 4 to March 19, 2026, operated under a new weighted selection process, which assigns each registration between one and four lottery entries based on the offered wage relative to DOL prevailing wage levels — giving Level 4 (highest-wage) positions four times the selection weight of entry-level roles.
Combined with the $100,000 fee, these changes fundamentally alter the cost-benefit analysis of the H-1B program for many employers, particularly small and mid-sized companies.
What This Means for Foreign Nationals
If you are a foreign national with exceptional skills, the current H-1B environment may actually strengthen the case for pursuing extraordinary-ability pathways such as the O-1 visa or EB-1A green card.
These categories are not subject to the $100,000 fee, do not require lottery selection, and may offer greater long-term stability than the H-1B.
At Stelmakh & Associates, we have helped numerous professionals transition from H-1B-dependent strategies to extraordinary-ability pathways, achieving approval rates well above the national average. A thorough evaluation of your credentials can help identify which pathways are available to you and how they compare in terms of timeline and cost.
Ready to Discuss Your Case?
At Stelmakh & Associates, we maintain approval rates that are significantly higher than the national industry averages across the EB-1A, EB-2 NIW, and O-1 categories.
Our results reflect the depth of preparation, strategic evidence development, and individualized attention we bring to every case. If you have questions about how these developments affect your immigration options, we are here to help.
Stelmakh & Associates
Phone: 206-605-0550
Email: info@stelmakhlaw.com
Website: www.stelmakhlaw.com
Schedule a consultation today to review your options and build a strategy that positions your case for success.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. Every situation is unique, and the information here may not apply to your particular circumstances. All USCIS filing fees, premium processing fees, and supplemental fees (including the Asylum Program Fee) referenced in this article are subject to change without notice. Always verify current fee amounts on the official USCIS Fee Schedule before filing. For advice about your case, please consult with a qualified immigration attorney. This content complies with the Rules of Professional Conduct for Washington, Pennsylvania, and Ohio, as well as USCIS guidelines.