What are the fees associated with the H-1B visa?

As of 2026, standard H-1B filing fees generally include: a $215 registration fee, a $780 base filing fee, a $500 fraud prevention fee, and a $750–$1,500 training fee depending on employer size. When combined with attorney fees and optional premium processing, most employers pay a total of $4,000 to $7,000 per H-1B case.

What are the fees for H-1B visa amendments?

H-1B amendments typically require the $780 base filing fee and any applicable attorney fees. Because the employer remains the same, amendments do not usually require the $500 fraud fee. Employers may also choose to add premium processing if faster adjudication is needed.

What are the effects of the H-1B $100K fee?

The $100,000 fee substantially increases filing costs for new H-1B petitions involving workers who are outside the United States and require consular processing. It is intended to discourage mass filings, especially for lower-wage roles, and to push employers toward higher-wage, high-skill hiring. Industries such as tech and healthcare may feel the greatest impact.

Does the H-1B $100K fee apply to renewals?

No. The $100,000 fee does not apply to renewals, extensions, amendments, or most change-of-status cases for workers already in the U.S. It is a one-time fee applicable only to certain new cap-subject petitions requiring consular processing abroad.

H-1B $100K Fee Explained: Who Pays and What It Means

Key Takeaways

Limited Application: The $100,000 fee is not a routine cost; it primarily targets new hires who are currently outside the U.S. and require consular processing.
Many Employers Exempt: Individuals filing a change of status inside the U.S., along with cap-exempt petitions, are not subject to this fee.
Legal Uncertainty: The fee is currently being challenged in federal court, and future rulings could change whether or how it is enforced.
Ellis Can Help: Ellis can evaluate whether the fee applies to your case, guide your H-1B filing strategy, and help ensure compliance. Get in touch to discuss your workforce planning and immigration needs.

The H-1B $100K Fee Explained

The H-1B program is the largest temporary employment-based visa category in the U.S., with over 85,000 new visas available each year and hundreds of thousands of registrations. For decades, it has been the go-to path for bringing global expertise into the American workforce.

Recently, however, news of a $100,000 H-1B fee has caused a wave of confusion. Introduced via a Presidential Proclamation in late 2025, this high-cost fee is a major shift from the traditional process, leaving many teams hiring globally with unanswered questions.

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

The H-1B $100K fee refers to a recently introduced government filing fee that applies only for consular processing.

This $100,000 amount isn't a "standard" filing fee. It originated from a policy designed as a supplemental payment for specific H-1B applications.

To put this in perspective, here is how it compares to the standard fees for H-1B filings:

Standard Fees: These usually total between $4,000 and $9,000, depending on employer size and other factors. They include the base filing fee ($780), the fraud fee ($500), and the ACWIA training fee ($750–$1,500).
The $100K Fee: This is an additional cost paid via Pay.gov before filing (after registration and selection in the lottery). It does not replace the standard fees; it is added on top of them for specific cases.

When Does the $100,000 H-1B Fee Apply?

The new fee applies to new "cap-subject" H-1B petitions filed on or after September 21, 2025. However, it is targeted.

You are generally required to pay this fee if:

The worker is currently located outside the U.S.
The petition requests consular processing (meaning the worker must visit a U.S. Embassy abroad to get their visa).

If you are hiring a professional who is already in the U.S. (such as an international student on an F-1 visa or a worker on an L-1 visa), this fee usually does not apply.

Who Is Exempt from the H-1B 100K Fee?

The most important rule is: If the worker is already in the U.S. and changing their status, they are generally exempt.

Because the fee targets "new entries" into the country, the following groups are typically safe:

Exemptions Based on Status (Change of Status)

F-1 Students: Most international students already in the U.S. transitioning to H-1B via "Change of Status."
H-1B Extensions & Amendments: Current employees renewing their status or changing roles with the same employer.
H-1B Transfers: Workers moving from one U.S. employer to another while remaining in the country.

Cap-Exempt Employers

Most employers are limited by a yearly "cap" (currently 65,000 visas, plus 20,000 for those with U.S. advanced degrees). The fee only applies to cap-subject employers, not cap-exempt organizations like:

Institutions of Higher Education: Colleges and universities.
Nonprofit Research Organizations: Organizations dedicated to scientific or educational research.
Government Research Entities: Federal, state, or local government agencies.
Other Cap-Exempt Employers: Organizations that do not fall under the yearly H-1B "lottery" limit.

Because the $100K fee is tied specifically to consular processing abroad, the majority of domestic change-of-status cases are unaffected.

Will the $100,000 Fee Apply This Year?

As of February 2026, several major lawsuits are challenging the fee in federal court, arguing that such a massive "tax" requires Congressional approval rather than just a Presidential Proclamation.

Ongoing Challenges: Groups like the U.S. Chamber of Commerce have filed suits to block the fee. If a judge issues an "injunction," the fee could be paused nationwide.
The 2026 Lottery: For the upcoming FY 2027 lottery (March 4–19, 2026), you should plan in case the fee applies for any overseas hires. However, the fee is only paid after a candidate is selected in the lottery and only if you proceed with a filing that requires consular processing.

Ellis will continue monitoring the fast-tracked appeals in the D.C. Circuit and other federal courts.

Conclusion

The “$100K H-1B fee” is often misunderstood. It is not a standard, across-the-board H-1B filing fee. Instead, it is a more narrowly applied cost tied to specific consular processing cases.

For most employers, prevention and risk management remain focused on traditional compliance areas:

Proper wage level determinations
Accurate Labor Condition Application (LCA) filings
Worksite compliance
Documentation consistency
Public access file maintenance

Careful planning, proper classification, and early legal review can help avoid unexpected liabilities and ensure compliance with evolving H-1B fee requirements.

If your company has questions about the H-1B 100K fee, H-1B fee exemptions, or general H-1B filing strategy, consulting experienced immigration counsel is essential.