The H-1B $100K Fee in 2026: What Changed and How to Find Employers That Sponsor

As of October 15, 2026, the H-1B $100K fee isn't being collected. Federal courts in Massachusetts and California have blocked the agency policies that put it into effect, even though a new proclamation extends the fee on paper to September 2027. A separate $103,265 fee is only a proposal, and the cap lottery is now weighted by wage level.

This is general information, not legal advice. Immigration rules are changing quickly, so talk to an immigration attorney about your own situation before you make decisions.

Here's what's in force, what's only proposed, and a workflow for finding employers that have sponsored before.

What do the key H-1B terms mean?

• H-1B: a U.S. work visa for "specialty occupations," jobs that generally need at least a bachelor's degree in a specific field.
• Cap-subject vs. cap-exempt: most new H-1B petitions count against an annual cap of 65,000, plus 20,000 for people with a U.S. master's degree or higher. Universities, their affiliated nonprofits and certain research organizations are exempt from that cap.
• LCA (Labor Condition Application): a form the employer must get certified by the Department of Labor before filing an H-1B petition. It states the job, worksite and wage.
• Change of status: switching from one visa category to another without leaving the U.S., such as F-1 student to H-1B worker.

What is the H-1B $100K fee, and is it still in effect?

On September 19, 2025, the President signed a proclamation requiring a $100,000 payment with certain new H-1B petitions filed at or after 12:01 a.m. Eastern on September 21, 2025 (USCIS, 2026).

The courts have since stepped in twice:

• Massachusetts. On June 8, 2026, the U.S. District Court for the District of Massachusetts vacated the agency guidance that implemented the payment (State of California v. Mullin). On July 24, 2026, the First Circuit refused to pause it. USCIS says DHS will comply while it considers next steps, and still plans to collect if the order is lifted (USCIS H-1B FAQ, 2026).
• California. On September 30, 2026, Judge Haywood S. Gilliam Jr. of the Northern District of California vacated the same agency policies. He barred USCIS, CBP and the State Department from enforcing them, under the original proclamation and its extension, until they complete notice-and-comment rulemaking (*Global Nurse Force v. Trump*, order, N.D. Cal. 2026).

Not every court agrees: the California order notes that a D.C. federal court upheld the proclamation in Chamber of Commerce v. DHS, now on appeal. And on September 18, 2026, the President signed Proclamation 11069 (Federal Register, 2026), which extends the restriction until September 21, 2027.

So as of October 15, 2026, the payment isn't being collected, but the litigation continues and that could change. The California court has a case management conference set for October 27, 2026 (Ogletree Deakins, 2026).

Who did the $100,000 payment apply to?

According to USCIS (2026), the payment applied to petitions for people who were outside the U.S. without a valid H-1B visa, and to petitions that asked for consular or port-of-entry notification.

It didn't apply to:

• Petitions filed before September 21, 2025, or already-valid H-1B visas
• A granted change of status, extension or amendment for someone inside the U.S., which covers the common F-1 or OPT to H-1B route
• Later travel on that approved petition

The catch: if USCIS found someone ineligible for the change of status (say, they left the U.S. before a decision), the payment applied. Get advice before traveling with a petition pending.

What is the $103,265 H-1B fee?

It's a separate proposal, and it hasn't been adopted. On August 25, 2026, DHS published a proposed rule (Federal Register, 2026) for a $103,265 fee on all H-1B cap-subject petitions, including master's-cap petitions. It would come on top of other fees, including any proclamation payment.

Two details matter:

• It would reach students too. It isn't limited to people abroad, so as written it would cover cap-subject petitions for F-1 students changing status.
• Cap-exempt petitions would be excluded, such as those from universities and nonprofit research organizations.

Comments closed September 24, 2026. As of October 15, 2026, there's no final rule, and proposals can change or be dropped.

How does the wage-weighted H-1B lottery work?

DHS replaced the purely random cap selection with a weighted one in a final rule (Federal Register, 2025) that took effect February 27, 2026. Each registration gets entries based on the highest wage level the offered salary meets for that occupation and location:

• Level IV: four entries
• Level III: three entries
• Level II: two entries
• Level I: one entry

Each person still counts only once toward the cap. USCIS used this process for the FY 2027 season, when registration cost $215 per person (USCIS, 2026). On July 17, 2026, USCIS said it had received enough petitions to reach both the 65,000 regular cap and the 20,000 master's cap (USCIS, 2026). Proclamation 11069 says the two highest wage levels made up about 46.3% of FY 2027 selections, against 17.8% for the lowest.

So salary and job level now affect your odds in the lottery, too. That doesn't make anyone a sure thing or rule anyone out, and employers attest to the wage level under penalty of perjury. A DOL proposal to raise prevailing wage levels (Federal Register, 2026) wasn't final as of the September 2026 proclamation.

What changed, and when?

Status as of October 15, 2026:

The 9-11 Biometric Fee only applies to employers with 50 or more U.S. employees where more than half hold H-1B or L-1 status (USCIS, 2026). The grace-period proposal (Federal Register, 2026) isn't adopted; USCIS still describes a grace period of up to 60 days.

How do you find companies that sponsor H-1B visas?

Start with evidence, not rumors.

1. Pull the DOL LCA disclosure data. The OFLC performance data page (DOL, 2026) posts certified LCAs as spreadsheets; the latest FY 2026 file covers October 1, 2025 through June 30, 2026. Filter by employer, job title, worksite and wage. A certified LCA shows intent, not an approved H-1B, and the files also include H-1B1 and E-3 cases.
2. Cross-check the USCIS H-1B Employer Data Hub. The Employer Data Hub (USCIS, 2026) covers fiscal year 2009 through FY 2026 Q3 and can be searched by employer, city, state, ZIP or industry code. "Initial employment" approvals point to new hires; "continuing employment" covers extensions and similar filings.
3. Read job posts for sponsorship language. Phrases like "visa sponsorship available" are a good sign (example). "Must be authorized to work in the U.S. without sponsorship now or in the future" usually means that role is off the table (example). If a post says nothing, check the employer against steps 1 and 2 before you spend an hour tailoring.
4. Answer work-authorization questions honestly. Most applications ask some version of "Are you legally authorized to work in the U.S.?" and "Will you now or in the future require sponsorship?" Answer exactly what's asked. Someone on OPT may be authorized today and still need sponsorship later. If you use software to apply, read how to keep those answers safe in our guide to auto-applying without hurting your chances.
5. Look hard at cap-exempt employers. USCIS says H-1B workers at institutions of higher education, their affiliated or related nonprofits, nonprofit research organizations and government research organizations aren't subject to the cap (USCIS, 2026). That means no lottery, and the proposed $103,265 fee wouldn't apply to their cap-exempt petitions. Moving to a cap-subject employer later generally means going through the cap.
6. Use filters that do the sorting for you. On Jobzhub, jobs carry visa-sponsorship labels, and you can match your resume by visa status. If you're short on time, our done-for-you job search guide shows how to let software handle the repetitive applying. Then check your resume with the free Resume Roast.

What are the alternatives to H-1B sponsorship?

Each has its own rules, so read the official page and ask an attorney first.

• OPT. F-1 students can get up to 12 months of work authorization directly related to their major, before and/or after finishing their studies (USCIS OPT).
• STEM OPT. Eligible F-1 students with a qualifying STEM degree can apply for a 24-month extension of post-completion OPT (USCIS STEM OPT).
• O-1. For people with extraordinary ability in the sciences, arts, education, business or athletics, shown by sustained acclaim (USCIS O-1).
• L-1. Lets a multinational transfer someone from an affiliated office abroad, generally after one continuous year there within the past three years (USCIS L-1A).
• TN. For Canadian and Mexican citizens in professions listed under USMCA, with a prearranged job for a U.S. employer (USCIS TN).

How should you build your sponsor list before the next cap season?

Pick 20 employers from the DOL and USCIS data that hire for your role, add five cap-exempt ones, and check new posts against that list. Recheck the USCIS H-1B page before any big decision. While you're at it, a short status line in your profile can save recruiters a question; see our LinkedIn headline examples for international candidates. If you're targeting AI-heavy roles, see how to show AI skills on a resume. Then Get Started free, or compare plans on our pricing page.