If you’ve been anywhere near the immigration grapevine lately, you’ve probably heard the collective gasp. The $100,000 figure is being thrown around like a grenade. It sounds fake, right? Something out of a dystopian novel about corporate gatekeeping. But honestly, it’s very real.
On September 19, 2025, a presidential proclamation basically flipped the table on the H-1B program. Effective almost immediately on September 21, it introduced a $100,000 supplemental fee for new petitions.
Panic ensued. People were literally booking flights back to the U.S. within 24 hours to beat the deadline. But now that the dust has settled a bit—and we're looking at the March 2026 lottery cycle—the reality is a lot more nuanced than just "everyone pays 100k."
Who actually has to pay the 100k fee for h1b visa?
The biggest misconception is that every single person getting an H-1B now needs a hundred-grand check attached to their paperwork. That’s not quite how it works. USCIS issued some follow-up guidance in October 2025 to clarify who's on the hook.
Basically, the fee is designed as an "entry" restriction. It targets people who are outside the United States and don't already have a valid H-1B visa.
Think of it like a massive toll booth at the border. If your employer is filing a petition and they’re checking the box for "consular notification"—meaning you’ll go to an embassy in Mumbai or London to get your stamp—that’s when the 100k fee for h1b visa kicks in.
But what if you're already here? If you're an F-1 student on OPT or someone switching from an L-1 to an H-1B, you’re generally in the clear. As long as you’re eligible for a Change of Status (COS) within the U.S., you don't trigger the fee. This was a huge relief for tech companies and universities that hire thousands of domestic graduates every year.
The "National Interest" Escape Hatch
There is a waiver. Of course there is. But don't get your hopes too high just yet. The proclamation mentions a "National Interest Exception" (NIE). To get it, your employer has to prove:
- Your presence is vital to the U.S.
- No American worker is available (this is a high bar).
- Paying the fee would "significantly undermine" U.S. interests.
It’s Sorta vague. We’ve seen these types of waivers before, and they usually turn into a mountain of paperwork with a very slim chance of success unless you're literally curing a disease or building critical infrastructure.
The 2026 Lottery: A Whole New Ballgame
If you're eyeing the March 2026 registration window, the fee is only half the story. The administration didn't just hike the price; they changed the math.
We’ve moved to a wage-weighted selection process. Gone are the days of a pure random draw where a junior dev had the same shot as a CTO. Now, your "tickets" in the lottery depend on your salary level.
- Level IV (Expert): 4 entries.
- Level III (Mid-level): 3 entries.
- Level II (Experienced): 2 entries.
- Level I (Entry): 1 entry.
It's a "pay to play" system in two ways. You either have to be paid a top-tier salary to have a decent shot at being picked, or your employer has to be willing to shell out that $100,000 fee if you happen to be outside the country.
For a lot of small businesses and startups, the math just doesn't work. I talked to a founder last week who told me point-blank: "I can hire three junior American engineers for the price of one international specialist once you factor in that fee." It's a brutal calculation.
What about renewals and job changes?
This is where the rumors get really messy. Let's clear it up.
If you already have your H-1B and you’re just renewing it with the same company? No 100k fee.
Moving to a new company (H-1B transfer)? Generally, no 100k fee, provided you are in the U.S. and maintaining your status.
The danger zone is the layoff. If you get laid off, your 60-day grace period becomes the most important clock in your life. If you find a new job and file the transfer before that clock hits zero, you're usually fine. But if you leave the U.S. and then try to come back with a new employer?
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Boom. That’s a new petition. That’s consular processing. And that, unfortunately, is the 100k fee for h1b visa.
Is this even legal?
Short answer: It's being fought.
The U.S. Chamber of Commerce and several universities filed lawsuits almost immediately. They’re arguing that the President doesn't have the authority to just invent a $100,000 fee out of thin air. Usually, fee changes have to go through a long, boring "notice and comment" period under the Administrative Procedure Act.
However, the administration is using a specific section of immigration law (212(f)) that gives the President broad powers to restrict the "entry" of foreigners. By framing it as a condition of entry rather than just a "filing fee," they're trying to bypass the usual roadblocks.
As of early 2026, the fee is still being collected. It's sitting in a sort of legal limbo. If the courts eventually strike it down, there might be refunds, but for now, you have to pay to play.
Actionable Steps: How to Navigate This
If you're an employer or a candidate, you can't just wait for the courts to decide. You need a strategy now.
1. Prioritize Change of Status
If you're hiring someone who is currently in the U.S. on another visa (like F-1, J-1, or TN), make absolutely sure they do not leave the country while the petition is pending. If they leave, the COS might be considered abandoned, forcing them to go to a consulate and potentially triggering that $100k bill.
2. Audit Your Wage Levels
Since the 2026 lottery is weighted, check the Department of Labor's prevailing wage data for your specific ZIP code. If you're hovering between a Level II and Level III, bumping the salary a few thousand dollars might triple the candidate's chances of selection.
3. Look at the "O-1" or "EB-1A"
The O-1 (Extraordinary Ability) visa doesn't have a lottery and—critically—doesn't have the $100,000 fee. It’s harder to get, sure. But for high-level researchers or engineers, the legal fees to build an O-1 case are way cheaper than the 100k H-1B tax.
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4. Budget for Premium Processing
USCIS also hiked premium processing fees again (effective March 1, 2026). It’s now nearly $3,000. It's a drop in the bucket compared to the 100k, but it’s another cost to factor into your 2026 immigration budget.
5. Keep an Eye on the Grace Period
For workers, if you're in a "high-risk" industry for layoffs, have your documents ready. If you need to switch employers, doing it while you're still physically in the U.S. is the difference between a standard filing and a six-figure nightmare.
The H-1B landscape has never been this expensive or this volatile. While the 100k fee for h1b visa is a massive hurdle, it’s not an absolute wall for everyone—just a very, very expensive gate for those caught on the wrong side of the border.