Honestly, if you told an immigration attorney two years ago that a single visa petition would eventually cost six figures, they would have laughed you out of the room. But here we are. It’s early 2026, and the tech world is still reeling from what is arguably the most aggressive shift in H-1B policy we've ever seen.
The headlines about the $100,000 H-1B fee aren't clickbait. They are the reality for thousands of companies trying to bring talent into the United States.
Basically, on September 19, 2025, President Trump signed a Presidential Proclamation titled "Restriction on Entry of Certain Nonimmigrant Workers." It didn't just tweak the rules; it set them on fire. The core of it? A requirement for a $100,000 payment to accompany new H-1B visa petitions for workers currently outside the country.
The $100,000 Shock: Who Actually Pays?
There’s a ton of confusion about who this hits. You've probably heard rumors that every single H-1B holder has to cough up this money. That's not true.
If you are already in the U.S. on a valid H-1B, you can breathe. The fee is targeted at "new" petitions filed on or after September 21, 2025. According to guidance from U.S. Citizenship and Immigration Services (USCIS), if you’re already here and just filing an extension or a change of employer, you’re generally in the clear.
The real target? People currently outside the U.S. without a valid visa. If a company wants to hire a developer from Bangalore or a researcher from Berlin who hasn't been in the U.S. system recently, that $100,000 check has to be ready.
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USCIS is being incredibly strict about this. If a petition shows up without proof of payment from Pay.gov or a rock-solid "National Interest Exception," it gets denied immediately. No "Request for Evidence" (RFE). No second chances. Just a rejection.
What counts as "National Interest"?
The administration says exceptions will be "extraordinarily rare." You basically have to prove that making the employer pay the fee would "significantly undermine the interests of the United States." That’s a high bar. We’re talking about critical roles in national security or maybe groundbreaking medical research, but definitely not your average senior software engineer role at a mid-sized firm.
The 2026 Lottery: A New Math
It's not just the fees that are changing. The way the lottery works for the upcoming FY 2027 season (which kicks off in March 2026) is fundamentally different.
The old random lottery—where a fresh grad had the same shot as a CTO—is dead. In its place, we have a weighted selection process.
Instead of one entry per person, your "weight" in the lottery now depends on your salary level. The Department of Homeland Security (DHS) finalized this rule in late 2025 to prioritize "the best and the brightest." Here is how the entries are being divvied up based on the Department of Labor wage levels:
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- Level IV (Highest): 4 entries in the lottery.
- Level III: 3 entries.
- Level II: 2 entries.
- Level I (Entry-level): Just 1 entry.
If you’re a fresh graduate on an F-1 visa looking to move to H-1B, your odds just tanked. Most entry-level roles fall into Level I or II. Meanwhile, companies willing to pay top-of-market rates for Level IV specialists are effectively buying four times the chance of winning.
Why This Matters for 2026 Business Strategy
Businesses are scrambling. I’ve talked to founders who are literally moving entire departments to Canada or Mexico because they can’t justify a $100,000 "tax" on a single hire.
It’s a massive barrier for startups. While a giant like Google or Apple might swallow a few $100,000 fees for "must-have" talent, a Series A startup simply can't. This is creating a weird two-tier system in Silicon Valley.
There’s also the "Project Firewall" factor. The Department of Labor has stepped up audits significantly. They aren't just looking at the money; they’re looking at whether the job description actually matches the high wage level the employer claimed to get those extra lottery entries.
The Legal Battles
California and about 19 other states aren't taking this sitting down. California Attorney General Rob Bonta recently threw his weight behind a massive legal challenge, arguing the fee is "unlawful" and bypassed the standard rulemaking process (which usually requires a Federal Register notice and a public comment period).
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As of January 2026, the fee is still being collected, but the courts could freeze it at any moment. It’s a legal roller coaster.
Surprising Details You Might Have Missed
One thing people keep forgetting is the B-visa crackdown. The Proclamation specifically tells the Secretary of State to keep an eye on people using B-1 (business) or B-2 (tourist) visas to sneak into the U.S. just to file a "Change of Status" to H-1B.
Why? Because if you file a Change of Status while inside the U.S., you might avoid that $100,000 entry fee. The government knows this loophole and is actively closing it. If they think you entered on a tourist visa with the intent to flip to an H-1B, they’ll deny the petition and potentially bar you for fraud.
Also, don't forget the "regular" fee increases. Even if you aren't hit by the $100k, the registration fee for the lottery jumped from $10 to **$215** last year. When you add up the I-129 fee, the Fraud Prevention fee, and the Asylum fee, a "standard" H-1B for a small employer still costs over $2,000 before you even pay a lawyer.
What You Should Do Right Now
If you are an employer or a worker caught in this mess, "wait and see" is a bad strategy.
- Audit your Wage Levels: If you're entering the March 2026 lottery, check your prevailing wage data immediately. If you can bump a candidate to Level III or IV, do it. It’s the only way to stay competitive in the new weighted system.
- Evaluate Alternative Visas: Is the candidate from a country with a specific trade treaty? Look into the H-1B1 (for Chile and Singapore) or the E-3 (for Australians). These haven't been hit by the $100,000 fee in the same way—yet.
- Check the 2026 Travel Ban List: As of January 1, 2026, there are new restrictions on nationals from 39 different countries. Even if you pay the $100k, if your hire is from a "restricted" country, the petition might be put on an "adjudicative hold" indefinitely.
- Secure your Pay.gov Access: If you are determined to pay the fee for a critical hire, ensure your finance team is set up on the secure Pay.gov site. USCIS will not accept a standard check for the $100,000; it has to be through the portal with a digital receipt attached to the front of your filing.
The landscape for H-1B visas has never been more expensive or more complicated. Whether you view these changes as a necessary protection for American wages or a "brain drain" catalyst for the U.S. economy, the financial reality remains: the cost of entry has officially hit the stratosphere.
To stay ahead, begin your prevailing wage determinations now for the FY 2027 season. Waiting until March to decide on wage levels will leave you with the lowest lottery odds and no time to pivot your budget for the high-fee requirements.