Money
The $100,000 fee panic, and what it applied to
Fee announcements, the group actually touched, and how to read the next headline calmly. Two different instruments are in the news, and they sit at different stages.
published 2 June 2026 · checked 3 October 2026
Revised 2 October 2026. The first version of this page described fee changes as something that goes through Federal Register rulemaking and gave no current status for the $100,000. This version names each instrument, its stage and its date. Revised again 3 October 2026. This version restores the teaching in the title, who the $100,000 reached, and adds a second court's order.
The gap, named · our reading of the rule
When large fee numbers hit headlines, public panic often spreads. Official fee instruments always have a defined scope, effective date, and target population. Two numbers are in circulation for H-1B, and they come from two different instruments at two different stages. They are easy to merge into one rumour.
The Regulatory Framework
The $100,000 restriction was issued as Proclamation 10973 on 19 September 2025. A proclamation is a different instrument from a fee rule.
Who the $100,000 reached. Proclamation 10973 restricted the entry of H-1B specialty-occupation workers unless their petitions were "accompanied or supplemented by a payment of $100,000". It applied only to people entering or trying to enter after 12:01 a.m. eastern time on 21 September 2025 (sections 1(a) and 3(a), 90 FR 46027).
- USCIS applied it to new petitions filed from that moment for workers outside the United States without a valid H-1B visa, and to petitions asking for consular, port-of-entry or pre-flight notification.
- It did not apply to H-1B visas already issued, to petitions filed before that moment, or to amendments, changes of status and extensions for someone inside the United States when USCIS granted them. It did not change the fees for renewals. (USCIS H-1B Specialty Occupations page, updated 21 September 2026, and the USCIS H-1B FAQ, both read 3 October 2026.)
- The proclamation draws no line between cap-subject and cap-exempt employers. Its one exception is a national-interest finding by the Secretary of Homeland Security for a person, a company or an industry (section 1(c)), which USCIS calls "extraordinarily rare".
- It names the H-1B category only, so it does not reach E-3, O-1 or the other classes.
Where it stands. The payment is not being collected today. That is FACT, and how long it stays that way is open, because the cases are still moving.
- VACATED (implementing guidance). On 8 June 2026 the federal district court in Massachusetts vacated the implementing guidance in State of California v. Mullin. The First Circuit denied a stay on 24 July 2026. USCIS says it will comply, so the $100,000 is not being collected today. The government's appeal of the vacatur is pending in the First Circuit (No. 26-1699), and we found no decision as of 3 October 2026 (OBSERVATION, court docket index). USCIS adds that if the order is later lifted, DHS still plans to collect. (USCIS H-1B FAQ, read 3 October 2026.)
- EXTENDED (the proclamation). Proclamation 11069, signed 18 September 2026 and effective 21 September 2026, repeats the same terms until 21 September 2027 (91 FR 60497). The litigation continues. (FR Doc 2026-19554.)
- BLOCKED again, as reported. On 30 September 2026 a second federal court, in Global Nurse Force v. Trump (N.D. Cal.), is reported to have blocked enforcement under both proclamations. We have not read that order. Our sources are the plaintiffs' counsel and one analytics summary, so this line is an OBSERVATION and the scope of the order is UNKNOWN. (plaintiffs' counsel announcement, read 3 October 2026.)
The $103,265 fee is a different thing. It is a PROPOSED rule. The notice of proposed rulemaking was published on 25 August 2026, and the comment period closed on 24 September 2026. It would add a $103,265 fee to cap-subject H-1B petitions. The proposal has no small-employer exemption, and it excludes higher-education and nonprofit research petitioners. It is not law. A proposed fee set by rule goes through Federal Register rulemaking with a comment period, which is the stage this one has reached. (FR Doc 2026-17324.)
Our reading: a company that files a cap-subject H-1B petition for its own owner would sit inside the proposed fee, because the proposal has no small-employer exemption. The text of each instrument decides who it covers, and your attorney is the person to read it against your facts.
How entrepreneurs prepare for this conversation
- Step 1: Locate the Source Text. Open the Federal Register notice or the proclamation directly. The links in the section above go to each one.
- Step 2: Apply the 4-Point Filter. Check who it applies to, the effective date, the expiry terms, and the affected classes.
- Step 3: Name the stage. Write down whether each number you hear is FINAL, PROPOSED, ENJOINED or VACATED, and the date of that stage. A headline that omits the stage has left out the part that matters most.
Attorney Interrogation Sheet (What to Ask)
- Does the $100,000 restriction, the proposed $103,265 fee, or either one apply to my petition category?
- The vacatur and the extension are both live today. Which one governs my filing date?
- A second court is reported to have blocked enforcement on 30 September 2026. Which court order, if any, applies to my petition, and does the answer depend on who the petitioner is?
- The proposed fee is not law. What would change in my plan if it were published as a final rule?
Status of pending rules · checked 2 and 3 October 2026
Rules in these lanes are moving in weeks, not years. Each line below names the instrument, its stage and its date. The stage words mean: FINAL (published, and in force unless a court has stopped it), PROPOSED (published for comment, not law), EXTENDED (renewed by a new proclamation), ENJOINED or BLOCKED (a court has paused it or stopped its enforcement), POSTPONED (a court has delayed the date a rule takes effect), VACATED (a court has set it aside), NOT PUBLISHED (reported, with no text to read). Two of these, the student admission rule and the $100,000 fee, can change again on appeal within weeks. Rows 1, 2, 4, 5 and 13 were re-read on 3 October 2026, and the other rows on 2 October 2026. This is education about where each rule stands. Whether any of it reaches your situation is a question for your own attorney.
| # | Rule | Stage and date | What it does | How sure we are |
|---|---|---|---|---|
| 1 | $103,265 fee on cap-subject H-1B petitions | PROPOSED. Notice of proposed rulemaking, 25 August 2026. Comments closed 24 September 2026. | Would add a fee of $103,265 to cap-subject H-1B petitions. The proposal has no small-employer exemption. It excludes higher-education and nonprofit research petitioners. It is not law. FR Doc 2026-17324 | FACT |
| 2 | $100,000 H-1B restriction | VACATED (implementing guidance), 8 June 2026, State of California v. Mullin (D. Mass.). The First Circuit denied a stay on 24 July 2026, and the appeal is pending (No. 26-1699). EXTENDED by Proclamation 11069, signed 18 September 2026, effective 21 September 2026, to 21 September 2027. BLOCKED again, as reported: on 30 September 2026 a second court (N.D. Cal., Global Nurse Force v. Trump) is reported to have blocked enforcement under both proclamations. | USCIS says it will comply with the vacatur, so the $100,000 is not being collected today. The original restriction was Proclamation 10973 of 19 September 2025. USCIS H-1B FAQ (read 3 October 2026) · FR Doc 2026-19554 · plaintiffs' counsel announcement of the 30 September order | FACT that it is not being collected today. OBSERVATION on the 30 September order: our sources are the plaintiffs' counsel and one analytics summary, we have not read the order, and its scope is UNKNOWN. |
| 3 | H-1B program-integrity executive order | FINAL (executive order), 18 September 2026. | Directs State, Labor and DHS to weigh an employer's recent or planned layoffs of similarly situated U.S. workers when petitions are reviewed. Implementing guidance has not been published as far as we can find. White House fact sheet | FACT on the order. UNKNOWN on guidance. |
| 4 | F-1 duration of status: fixed admission period | FINAL rule published 17 July 2026 (91 FR 45124), effective date 15 September 2026. POSTPONED by court order. On 14 September 2026 the federal court in Massachusetts postponed the rule's effective date nationwide (5 U.S.C. § 705, Presidents' Alliance on Higher Education and Immigration v. DHS). The government appealed on 1 October 2026 (First Circuit No. 26-2112). Duration of status continues for now. | If the rule takes effect: admission is fixed to the I-20 program with a maximum of 4 years. The departure grace period falls from 60 to 30 days. OPT and STEM OPT require a USCIS extension of stay. The eCFR shows the new text as if it were in force. It does not reflect the court order. FR Doc 2026-14439 · Study in the States · Memorandum and Order, 14 September 2026 | FACT. We read the order itself on 3 October 2026. No DHS or Study in the States page we read yet mentions it, so a school page may still show the rule as coming. |
| 5 | OPT fee rule | NOT PUBLISHED. Sent to the Office of Management and Budget for review on 20 August 2026. | Press reports describe a large OPT filing fee. Until a proposed rule appears, those reports are a hypothesis. Current I-765 fees are unchanged. | OBSERVATION (university international office). Press figures are HYPOTHESIS. We found no proposed rule in the Federal Register as of 3 October 2026. |
| 6 | H-4 EAD rescission | On the federal Unified Agenda as a long-term action, RIN 1615-AD14. No proposed rule. No date. | Would remove H-4 spouses from the classes eligible for work authorization. It is not law. | OBSERVATION (law-firm reporting) |
| 7 | Wage-weighted H-1B selection | FINAL. Published 29 December 2025, effective 27 February 2026. Used for the FY2027 registration, 4 to 19 March 2026. | A Level IV wage level gets four entries in the selection lottery and Level I gets one. A company that registers its owner at a Level I wage gets one entry. FR Doc 2025-23853 | FACT. No business challenge was filed before FY2027 selection (OBSERVATION). |
| 8 | Department of Labor prevailing-wage overhaul | PROPOSED. 27 March 2026. | Would raise Level I from the 17th to the 34th percentile and Level IV from the 67th to the 88th. It is not final. FR Doc 2026-06017 | FACT |
| 9 | End of automatic EAD extensions | FINAL (interim final rule), in force since 30 October 2025. 90 FR 48799. | For renewals filed on or after 30 October 2025, an expiring work-authorization card is no longer extended automatically, H-4 included. Extensions already granted on renewals filed before that date are unaffected. FR Doc 2025-19702 | FACT |
| 10 | Online-presence review for H-1B and H-4 visa applicants | State Department policy since 15 December 2025. It applied to F, M and J applicants from June 2025. | Applicants are expected to make social media settings public. | OBSERVATION (secondary reporting). We did not re-read the State Department announcement on 2 or 3 October 2026. |
| 11 | Cap-gap extended to 1 April | FINAL. Part of the January 2025 modernization rule, 89 FR 103054, in force since 17 January 2025. | F-1 students moving to H-1B are covered until 1 April, which is later than the old 1 October date. FR Doc 2024-29354 | FACT |
| 12 | $250 visa integrity fee | Enacted 4 July 2025 (Public Law 119-21). Not yet collected. | A fee created by statute. The date it starts being collected is UNKNOWN. | FACT on enactment. UNKNOWN on start date. |
| 13 | 60-day grace period for workers | PROPOSED. Published 11 September 2026 (91 FR 57807). Comments close 10 November 2026. | Would remove 8 CFR 214.1(l)(2), the grace period of up to 60 days after a job ends, for H-1B, E-3, L-1, O-1 and TN workers and others, and for their dependents. It is not law. FR Doc 2026-18631 | FACT |
If a date here is older than the news, the news wins. Check the linked source, then take the question to your attorney.
What this is not This piece quotes the published rule and says plainly where we are reading it rather than quoting it. It is not legal, tax or immigration advice, it creates no attorney–client relationship, and neither you nor we can apply it to your facts. Rules also move — check the date above, then take the questions in this piece to your own licensed attorney and CPA, who are the only people who can advise you.
Sources · primary law first, our own notes labelled as such
USCIS H-1B FAQ. Read 2 and 3 October 2026.
Proclamation 11069, FR Doc 2026-19554, signed 18 September 2026.
Notice of proposed rulemaking, FR Doc 2026-17324, 25 August 2026.
Proclamation 10973, 90 FR 46027, 19 September 2025: the original $100,000 restriction. Read 3 October 2026.
USCIS H-1B Specialty Occupations, updated 21 September 2026. Read 3 October 2026.
USCIS proclamation alert, updated 15 June 2026. Read 3 October 2026.
Own Yourself Now practice note.
Ownership and work authorisation are treated differently in the rules, and that difference is what this library is about. Everything here is written for people keeping the job that holds their status.
Put a number on it. Pricing Check
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