The White House extended its $100,000 fee on new H-1B visa petitions through September 21, 2027. The H-1B visa fee extension was announced September 18, 2026. It keeps the charge in place even while two separate court challenges to its legality remain unresolved, according to Business Standard.
The fee applies to H-1B petitions for foreign workers seeking admission from outside the United States. It replaced a prior fee structure that generally ran between $2,000 and $5,000. That is a jump of roughly twenty to fifty times the old cost.
Where the legal fight over the H-1B visa fee extension stands
A federal judge in Massachusetts ruled in June 2026 that the fee was unlawful. The government appealed that decision. The First Circuit Court of Appeals denied the government’s request to pause the ruling on July 24, 2026. Separately, the US Chamber of Commerce has challenged the fee in the DC Circuit Court of Appeals. That case remains pending, per court filings tracked by CCIA.
None of this litigation has stopped the fee from taking effect. The administration’s decision to extend it does not resolve the underlying legal dispute on its own.
The effect on tech hiring so far
One number stands out. H-1B registrations filed by the largest IT outsourcing companies have fallen 92% since the original proclamation took effect in 2025. That figure comes from a metric the administration itself has cited. That drop suggests the fee has reshaped hiring patterns well beyond its headline cost.
Large outsourcing firms have historically filed a disproportionate share of H-1B petitions. Many of those petitions covered roles at client companies rather than direct employment. A fee this size changes the math for that business model. It does not necessarily change the math for a single senior hire at a smaller tech company.
Why the fee still matters beyond outsourcing firms
The $100,000 charge applies per petition, not per company. Any employer sponsoring a new H-1B worker from abroad faces the same cost. That includes tech companies hiring specialized engineers, researchers, and other skilled workers who are not yet inside the United States. Employers can still sponsor workers already in the US on other visa categories without triggering the fee. That has shifted some hiring toward candidates already present domestically.
What happens next in the legal process
The DC Circuit Court of Appeals has not set a firm date for ruling on the Chamber of Commerce’s challenge. Until either court rules, the fee stays in force under the September 2026 extension. A ruling against the fee in either court could force a quick change in how employers plan H-1B hiring for next year.
Your H-1B fee questions, answered
How long does the H-1B visa fee extension last?
The extension runs through September 21, 2027, according to the White House announcement made September 18, 2026.
Is the $100,000 H-1B fee legal?
That is still being decided. A federal judge in Massachusetts ruled it unlawful in June 2026. The fee remains in effect while the government’s appeal and a separate Chamber of Commerce challenge continue.
Who has to pay the H-1B visa fee?
The fee applies to H-1B petitions for workers seeking admission to the US from outside the country. It does not apply to every visa category or to workers already inside the US on other visas.
How has the fee affected tech hiring?
H-1B registrations from large IT outsourcing companies have dropped 92% since the fee first took effect in 2025. That is based on figures the administration has cited.
What was the H-1B fee before this change?
The previous fee structure generally ran between $2,000 and $5,000, far below the current $100,000 charge.
More immigration coverage on Tamara News
For more on skilled-worker visa policy, see our coverage of the H-1B layoff scrutiny order, the new USCIS Form I-864 rejections, and Korea’s university visa restrictions.
