H-1B $100,000 Fee in 2026: What F-1 and OPT Students Need to Know Now
The H-1B $100,000 fee has been one of the most confusing US immigration stories for Indian and Nepali students. A court blocked it in June 2026, but on 18 September 2026 the President extended it on paper to September 2027. Here is where things stand for F-1 and OPT students today.
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Last checked: 29 September 2026. This situation is changing quickly because of court cases. Sources include the White House, the Federal Register, Yale’s international office and immigration law firms. This is general information, not legal advice. Talk to your DSO or an immigration attorney about your case.
Where the H-1B $100,000 fee stands today
- The fee is not being collected right now, because a court order vacated the policy that put it into effect. Yale’s international office says “the fee is not owed at this time.”
- On 18 September 2026, a new proclamation extended the requirement to 21 September 2027.
- Lawyers disagree on whether the government can use the new proclamation to start collecting again. The situation could change at any time.
Timeline
| Date | What happened |
|---|---|
| 21 September 2025 | Proclamation 10973 took effect, requiring $100,000 for certain new H-1B petitions |
| 20 October 2025 | USCIS guidance exempted change-of-status petitions for people inside the US, including F-1 to H-1B |
| 8 June 2026 | A federal court in Massachusetts vacated the policy, calling it “an unlawful tax” |
| 24 July 2026 | The First Circuit refused the government’s request to pause that ruling |
| 18 September 2026 | A new proclamation extended the fee to 21 September 2027 |
A separate case, Chamber of Commerce v. DHS, found the fee within presidential authority and is on appeal.
Does the H-1B $100,000 fee apply to F-1 and OPT students?
Even before the court ruling, USCIS guidance from October 2025 said the fee did not apply to petitions for people inside the US changing status, such as from F-1 or OPT to H-1B. It was aimed at people outside the US without a valid H-1B visa. Combined with the court order, most students on OPT are not facing the H-1B $100,000 fee today.
The proposed $103,265 fee
A different fee is coming. DHS published a proposed rule on 25 August 2026 for a $103,265 fee on H-1B cap-subject petitions, including master’s cap petitions. Cap-exempt employers such as universities and nonprofit research bodies would be exempt. Comments closed on 24 September 2026. It is not final. Law firms say it could apply to FY2028 petitions from 1 April 2027 if finalized and not blocked. It would appear to apply to cap-subject petitions generally, including those for OPT students.
The new wage-weighted H-1B lottery
Since 27 February 2026, H-1B registrations are weighted by wage level. A registration at wage level IV gets 4 entries in the lottery, level III gets 3, level II gets 2 and level I gets 1. New graduates at entry-level wages now have lower odds than before. See our H-1B layoffs order update.
Other student rules: duration of status postponed
A DHS rule replacing “duration of status” with fixed admission periods and a shorter 30-day grace period was due to start on 15 September 2026. On 14 September 2026, a federal court postponed it nationwide. Duration of status and the 60-day grace period stay in place for now.
What students should do now
- Keep your F-1 status clean and track your OPT and STEM OPT dates. See CPT vs OPT.
- Ask employers early about sponsorship plans, and whether they are cap-exempt.
- Consider cap-exempt employers, such as universities and research institutions.
- Get advice from your DSO or an immigration attorney, not social media.
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