H-1B $100K Fee Now Runs to 2027, But Nobody Is Paying It: Here’s Why

If you follow US work visa news, the headlines look confusing. One says the 100,000 dollar H-1B fee has been extended to 2027. Another says nobody is paying it. Both are true.

On 18 September 2026, the President extended the payment until 21 September 2027. But federal courts have blocked the government from collecting it. As of October 2026, employers filing covered H-1B petitions are not paying the 100,000 dollars.

Short on time? Here is the quick answer.

How We Got Here

Why Nobody Is Paying

Two separate court orders stop the agencies from collecting the payment. USCIS said in July 2026 it would not collect it while the order stands. The California ruling in September 2026 also covers the extended proclamation. Courts have split, so appeals continue.

Who It Would Cover

A Separate Fee to Watch

The Department of Homeland Security has also proposed a fee of a little over 103,000 dollars for certain cap subject petitions. Comments closed on 24 September 2026. It is only a proposal and is not owed today.

What Employers Should Do

1. Do not pay the 100,000 dollars unless official guidance says it is required.
2. Budget for two outcomes: fee blocked, or fee revived.
3. Ask counsel whether a change of status is possible for candidates already in the US.
4. Track the appeals and the proposed DHS rule.

Why Courts Disagree

Courts have looked at the same policy and reached different answers. A court in Washington, DC upheld the payment in December 2025. Courts in Massachusetts and California later blocked it. When courts split like this, higher courts usually settle the question.

In the Massachusetts case, the First Circuit appeals court refused to pause the ruling in July 2026, and full arguments on the merits continue. In California, the court set a case management conference for 27 October 2026. Any of these steps could change the picture quickly, so a headline from one week may be out of date the next.

Words You Will See

New to these terms? Here is what they mean in plain English.

Before You Rely on Any Figure

This reflects court orders and announcements as of October 2026. Rules, fees and dates change, so check the official government website on the day you act. For questions about your own case, speak to a licensed immigration lawyer or an authorised representative. World Visa Academy is a training academy; it does not file applications or guarantee any visa or outcome.

The Honest Summary

On paper, the 100,000 dollar fee runs to 2027. In practice, courts block it and nobody is paying. Plan for both outcomes and watch the appeals closely.

Key takeaways

• A proclamation on 18 September 2026 extended the 100,000 dollar payment to 21 September 2027.
• Court orders in Massachusetts and California block the government from collecting it.
• USCIS stopped collecting the payment after the First Circuit refused a stay in July 2026.
• The fee could return if a higher court rules for the government.