Who has to pay the new $100,000 H-1B fee in 2026?
TL;DR: The $100,000 fee applies only to new cap-subject H-1B petitions filed on or after September 21, 2025 for beneficiaries who are currently outside the US and don't already hold H-1B status. It does not apply to existing H-1B holders re-entering the country, extensions, transfers, or F-1-to-H-1B change-of-status filings.
The Claim
This is a one-time entry fee, not an annual tax, and it targets a narrow slice of new hires — not the whole H-1B population.
The Evidence
USCIS's official H-1B FAQ confirms the $100,000 payment accompanies new H-1B petitions, including FY2026 lottery selections. After initial confusion, the White House clarified on X that current H-1B holders outside the US "will NOT be charged $100,000 to re-enter... This applies only to new visas, not renewals, and not current visa holders" (September 2025). USCIS later confirmed the fee applies specifically to petitions filed for beneficiaries living abroad who aren't already H-1B holders, and explicitly does not apply when someone changes status from another visa (like F-1) to H-1B while inside the US.
Comparison Table
| Scenario | Fee owed? |
|---|---|
| New cap-subject petition, beneficiary abroad, filed after Sept 21, 2025 | Yes — $100,000 |
| Existing H-1B holder re-entering the US | No |
| H-1B extension or amendment, same employer | No |
| H-1B transfer between employers (already in H-1B status) | No |
| Change of status F-1 (or other visa) to H-1B inside the US | No |
| H-4 dependents | No |
Step-by-Step
- Check whether you already hold H-1B status — if yes, you're exempt.
- Determine if you're currently inside or outside the US.
- Confirm your petition type: new cap-subject filing vs. extension, amendment, or transfer.
- If it's a new cap-subject petition for someone abroad, your employer must budget the $100,000 before you can enter.
- If none of the above apply, proceed with standard H-1B filing fees only.
FAQ
Does the fee apply to H-4 dependents? No — it's tied to the principal H-1B petition only. Is it charged every year? No, it's a one-time payment per new petition, not an annual fee. Who actually pays it — me or my employer? The petitioning employer is responsible for the payment as a condition of the petition. Does it apply to cap-exempt employers like universities? Cap-exempt H-1B petitions generally fall outside the proclamation's intended scope, but confirm with your employer's immigration counsel as guidance continues to evolve.
By Pinal Dave Last updated: 2026-07-24