The $100K H-1B Fee Was Supposed to Expire This Weekend… It Didn't.
Last night the president issued a new proclamation extending the $100K consular H-1B fee. However, as of today, it is still not being collected due to an ongoing appeal. Let's take a look at what’s actually happening.
What Happened Last Night
Two things were signed together last night that could impact the H-1B program.
The first is a Proclamation that renews the original $100,000 fee (Proclamation 10973, first signed September 19, 2025) for another year, through September 21, 2027. Without this, the fee would have lapsed automatically this weekend, since it was written from the start as a temporary, twelve-month restriction. Now it's not on that countdown anymore.
The second is a separate Executive Order that has nothing to do with the fee amount. It directs the Secretaries of State, Labor, and Homeland Security to factor in an employer's recent or planned layoffs of similarly situated U.S. workers when they're deciding whether to approve that employer's H-1B petitions. It also directs those agencies to pull more data on wages and industry conditions from Commerce, Education, and the SBA.
Two different agencies of action, two different targets. One extends a consular fee. One adds a new lens to how H-1B petitions get reviewed.
Does This Mean the Fee Is Actually Being Charged Now?
No. This is the part that's probably causing a little bit of panic. The fee itself is still paused, the same way it has been since June, when a federal court vacated the policy implementing it and the First Circuit declined to reinstate it on July 24. That litigation hasn't resolved. Renewing the proclamation keeps the fee alive as a policy so it's ready to be enforced if the government wins on appeal.
Who This Fee Actually Applies To
The fee we’re talking about here has only ever applied to H-1B beneficiaries who are outside the United States and don't already hold a valid H-1B visa when a new petition is filed. It doesn't apply to renewals, extensions, or changes of status for people already here. If you're currently in the U.S. on H-1B and just extending or transferring, this fee won’t apply to you... and renewing the proclamation doesn't change that scope.
What About the Other Fees I Keep Hearing About?
If you've seen headlines about a $103,265 fee or a $100,000 OPT fee too, you're not imagining things... there really are multiple separate actions moving at once right now, and I know how exhausting that is to track.
The $103,265 fee is a completely different mechanism: a formal DHS rule (not a proclamation) that would apply to every cap-subject H-1B petition, including F-1 students changing status from inside the U.S. It's still just a proposal, with public comments open through September 24.
The OPT fee is a different program entirely, unrelated to H-1B. It cleared a White House review step earlier this month, but no dollar figure has actually been published in rule text yet. Treat any specific number attached to it right now as unconfirmed.
I'll keep updating as things progress.
TLDR
The $100,000 H-1B fee was renewed last night through September 21, 2027. It is not going to expire this weekend, as some had expected.
It's still paused by ongoing litigation and still only applies to H-1B beneficiaries outside the U.S. filing new petitions.
A separate Executive Order also signed last night adds employer-layoff scrutiny to H-1B petition review, it is not related to the fee.
This is a different fee than the proposed $103,265 rule and the still-unconfirmed OPT fee.
If you have a pending or upcoming H-1B filing, especially one involving travel or consular processing, check in with your employer or immigration counsel before making plans. All three of these fees are still moving through their respective systems, but none are being collected (as of today).
This post is for general information only and is not legal advice. For guidance on your specific situation, please consult a licensed immigration attorney.
