Projected Democratic win does not by itself change $100,000 H-1B fee, which courts have blocked since July 24
Key points
- The $100,000 fee stems from a presidential proclamation, and courts have blocked its collection since July 24, 2026
- A September 18 proclamation extends the fee to September 21, 2027; current H-1B holders are exempt
- DHS proposed a separate $103,265 lottery fee on August 25
Per Multibagg AI, the $100,000 H-1B fee stems from a presidential proclamation, and courts have blocked its collection since July 24, 2026. A second proclamation signed on September 18 extends it to September 21, 2027. The fee covers new petitions for workers outside the US; current H-1B holders are exempt. DHS proposed a separate $103,265 lottery fee for H-1B registrations on August 25. Infosys cut its FY27 growth guidance to 1%–2% on October 23.
What employers should do
- Check whether new H-1B petitions for workers outside the US are planned and confirm the fee's current legal status
- Monitor DHS's proposal for a separate lottery fee on H-1B registrations
Policy details
- Jurisdiction
- Federal
- Status
- Enjoined by court
- Effective date
- —
- Employers covered
- New H-1B petitions for workers outside the US
- Official source
- Official source pending
Original report: Multibagg AI ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.