ExpatLogic

“H-1Bs getting crushed”: is the $100k fee already blocked? What to actually watch

What’s going on: Alarmist videos say H-1B workers are “getting crushed” by a new $100,000-plus fee. The reality is more mixed — parts of it have been challenged in court, and the newest fee is still only a proposal. What it means if you’re waiting on a green card: A fee aimed at new H-1B…


What’s going on: Alarmist videos say H-1B workers are “getting crushed” by a new $100,000-plus fee. The reality is more mixed — parts of it have been challenged in court, and the newest fee is still only a proposal.

What it means if you’re waiting on a green card: A fee aimed at new H-1B petitions doesn’t directly change a green card already in process. But it can cool an employer’s appetite to sponsor new cap cases — which affects the next person in line more than it affects you.

What to actually watch

The court challenge To the $100,000 proclamation fee [VERIFY status/date]
The comment period On the $103,265 proposed rule — closes 24 Sep 2026
USCIS guidance Watch for FAQ / policy updates

[Editor adds the human layer here before publishing.]

What to do next:

  • Don’t act on a headline fee number until you know whether it’s in effect — much of this is still proposed or contested.
  • If you’re mid-green-card, confirm with counsel that a new-petition fee doesn’t touch your stage.

Primary source: Federal Register — Fee for Certain H-1B Petitions


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