The $100,000 fee on new H-1B petitions expires on its own terms in a matter of days. It was written as a 12-month restriction when signed on September 19, 2025, and absent action from the administration, it lapses on September 20, 2026. Although the fee is currently paused as a result of ongoing litigation, the more immediate question is whether, and in what form, the administration might renew, extend, or revise the fee and what other attempts to restrict the H-1B category are likely in the coming months.
The Deadline
- September 20, 2026, is the hard stop for the current proclamation. Nothing in the text extends it automatically. If the administration takes no action, the $100,000 fee ceases to exist on that date.
- A reissued or extended version is possible. Given the administration’s consistent efforts to restrict the H-1B category, employers should not assume the September 20 deadline will not be extended. Although there is no clear signal from the administration, a revised proclamation designed to survive litigation is a realistic possibility, and could be issued with little notice.
What Employers Need to Know
- Watch for a new or revised $100,000 fee announcement near or shortly after the deadline. If the administration moves to extend or reissue the fee, expect it to happen at or near September 20 rather than in advance.
- Don’t assume a permanent win. Even if the proclamation is not renewed by September 20, the administration is not precluded from trying to implement a revised version of the fee at a later date. Note that petitions filed during a lapse in the $100,000 fee should not be required to pay it
The Big Picture: The Fee Is One Piece of a Coordinated Effort to Limit H-1B Access
Regardless of what happens to fee on September 20, the $100,000 fee is only one of several active or proposed measures by the administration aimed at narrowing use of the H-1B program. Taken together, the policies highlighted below signal a sustained strategy to reduce U.S. employer reliance on global talent:
- A separate $103,265 fee proposed for all H-1B cap-subject petitions. DHS has issued a proposed rule that would add this fee to cap-subject filings starting with the FY 2027 cap season. This is a distinct from the $100,000 fee and DHS has stated that if both fees were ever in effect at the same time, employers would owe both amounts.
- Elimination of the 60-day discretionary grace period for laid-off H-1B workers. DHS has proposed removing the grace period that currently allows H-1B workers (along with E-1, E-2, E-3, H-1B1, L-1, O-1, and TN workers) to remain in the U.S. for up to 60 days after employment ends. This would significantly compress the time available to secure new sponsorship or depart the country following a termination or layoff.
- Termination of work authorization for certain H-4 spouses. A pending proposal would eliminate employment authorization for some H-4 dependent spouses of H-1B workers, reversing a benefit that has been in place for over a decade.
- A prevailing wage increase of 20% or more for H-1B positions. Proposed changes to prevailing wage requirements would raise the wage floor employers must meet to sponsor H-1B workers.
- A possible $100,000 fee on F-1 OPT applications. Reporting suggests the administration is considering implementation of a fee mechanism similar to the $100,000 H-1B fee for student Optional Practical Training, which would affect the primary pipeline many employers rely on to hire recent graduates from U.S. colleges and universities.
Our Perspective
The September 20 expiration is an important deadline, but even a best-case outcome — the $100,000 fee lapsing without renewal — leaves employers facing new and equally significant fees, a shortened window for laid-off workers, potential loss of H-4 work authorization and higher H-1B wage requirements.
Our recommendation for clients: Work with immigration counsel to proactively review your foreign national workforce for upcoming H-1B filings, potential layoffs, and OPT-to-H-1B transitions now, and build flexibility into hiring and sponsorship timelines given how quickly these proposals may take effect over the next six months. Employers should also strategize with immigration counsel to determine all available H-1B alternatives for key foreign-born talent.
Meltzer Hellrung will continue tracking the status of the $100,000 fee, and each of the proposals above as they move through rulemaking and provide updates as new information becomes available. If you have questions about how these developments could affect your workforce planning, please contact your Meltzer Hellrung professional.
