If you’ve seen headlines about a 100k H-1B fee, you’re not alone. The announcement created immediate concern among employers that rely on global talent.

But here’s the important clarification: most H-1B CAP cases will not be subject to this fee.

Understanding when the fee applies — and when it does not — is critical for employers planning for the FY2027 H-1B registration cycle.

Let’s break down what the $100,000 fee actually is and how it impacts employers.

Read the 3 Part Series

• Part 1: What Changed in the H-1B Lottery for 2026? Wage-Weighted Selection Explained 
• Part 2: The $100,000 H-1B Fee: Who Actually Pays It (And Who Doesn’t) 
• Part 3: H-1B Strategy for 2026: What Employers Should Be Doing Right Now 

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What Is the $100,000 H-1B Fee?

In September 2025, a presidential proclamation introduced a $100,000 supplemental fee for certain H-1B petitions filed after September 21, 2025.

The goal was to discourage employers from outsourcing entry-level roles to foreign workers and prioritize higher-skilled positions.

However, the fee applies only to specific situations, not all H-1B filings.

The rule is currently scheduled to remain in effect through September 21, 2026, unless extended.

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When the $100,000 Fee Applies

The supplemental fee generally applies when an employer files an H-1B petition and:

1. The beneficiary is outside the United States

AND

2. The petition requires consular processing

This situation typically occurs when a candidate:

• Has never held H-1B status before
• Is not currently in valid nonimmigrant status in the U.S.
• Will obtain the visa through a U.S. consulate abroad

For employers hiring international candidates directly from overseas, this fee could significantly impact hiring budgets.

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When the $100,000 Fee Does NOT Apply

The majority of H-1B CAP cases fall into categories where the fee does not apply.

Examples include:

Change of Status Cases

If the employee is already in the United States in valid nonimmigrant status — such as:

• F-1 student status
• OPT or STEM OPT
• Other temporary work statuses

And the employer files an H-1B petition requesting change of status, the fee generally does not apply.

This covers many international graduates hired through the U.S. education system.

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Current H-1B Workers

Employers filing for:

• H-1B extensions
• Amendments
• Transfers

are also not impacted by the $100,000 fee.

These petitions are already outside the H-1B CAP system.

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Why the Headlines Caused Confusion

The $100,000 figure quickly circulated across media and social platforms, creating the impression that all H-1B employers would face dramatically higher costs.

In reality, the fee targets a specific subset of petitions involving candidates outside the United States.

For many employers who hire international graduates already studying or working in the U.S., the cost structure of H-1B sponsorship remains largely unchanged.

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Other Costs Employers Should Still Expect

Even when the $100,000 fee does not apply, employers must still budget for standard H-1B filing costs, which can include:

• H-1B registration fee
• Base petition filing fee
• ACWIA training fee
• Anti-fraud fee
• Asylum program fee
• Optional premium processing

These government filing fees must generally be paid by the employer, not the employee.

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Why Employers Should Still Plan Carefully

Even though the $100,000 fee will not impact most CAP cases, it still introduces a new strategic consideration for employers recruiting global talent.

Companies should now evaluate:

• Whether candidates are inside or outside the U.S.
• Whether the petition will request a change of status or consular processing
• Budget implications for overseas hires
• Alternative visa options when appropriate

Immigration strategy increasingly overlaps with workforce planning and recruiting strategy.

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How MP Can Help Employers Plan for the 2026 H-1B Cycle

Navigating the H-1B process today requires more than just filing paperwork. It requires coordination across HR, payroll, compliance, and workforce planning.

MP helps employers:

• Align compensation planning with H-1B selection strategy
• Evaluate workforce planning implications of immigration rules
• Strengthen compliance documentation and audit readiness
• Ensure payroll systems support required wage obligations
• Coordinate immigration strategy with broader HR operations

While immigration attorneys manage the legal filing process, MP supports the operational infrastructure that helps organizations sponsor talent responsibly.

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Frequently Asked Questions (FAQ)

What is the $100,000 H-1B fee?

The $100,000 supplemental fee is an additional charge imposed on certain H-1B petitions filed after September 21, 2025 under a presidential proclamation.

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Does every H-1B petition require the $100,000 fee?

No. The fee primarily applies when the beneficiary is outside the United States and the petition requires consular processing.

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Do H-1B CAP cases for F-1 students pay the $100,000 fee?

Generally no. Most F-1 students transitioning to H-1B status file change-of-status petitions from within the United States, which are typically exempt.

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Are H-1B transfers or extensions affected?

No. Transfers, extensions, and amendments are not subject to the fee.

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Is the $100,000 H-1B fee permanent?

The current proclamation is scheduled to remain in effect through September 21, 2026 unless extended or modified.

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Should employers change hiring strategy because of the $100,000 fee?

Most employers hiring international graduates already in the U.S. will not be affected. However, companies recruiting candidates from abroad should factor the potential cost into hiring plans.

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Final Takeaway

The $100,000 H-1B fee made headlines, but it does not impact the majority of H-1B CAP cases.

Employers should focus on understanding when the fee applies, planning budgets for overseas hires, and aligning immigration decisions with broader workforce strategy.

Preparation — not panic — is the right approach.

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How MP Can Help Employers Navigate the 2026 H-1B Changes

The shift to wage-weighted selection means immigration strategy can no longer operate in a silo. It touches compensation planning, payroll structure, compliance documentation, and workforce forecasting.

That’s where MP comes in.

We help employers:

• Align wage benchmarking with H-1B selection strategy
• Review compensation structures before registration opens
• Strengthen compliance documentation and audit readiness
• Ensure payroll systems support required wage obligations
• Coordinate immigration strategy with broader workforce planning

While immigration counsel handles legal filings, MP supports the operational infrastructure that makes sponsorship sustainable and defensible.

The organizations that succeed in 2026 will be the ones that plan early, benchmark accurately, and document thoroughly.

If you want to pressure-test your H-1B strategy before the March registration window, we’re ready to help.

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About the Source

The insights in this article are based on guidance provided by Jennifer Behm, Esq., Partner at Berardi Immigration Law and a nationally recognized immigration attorney, during MP’s H-1B Lottery & Beyond webinar.

Information reflects USCIS regulations and federal policy updates as of February 11, 2026. Because immigration policy can change quickly, employers should confirm current rules before filing.

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