The Trump administration is making sure that US employers prefer hiring American workers over foreign recruits. In September 2025, Trump’s proclamation put a price tag of $100,000 on H-1B petitions, while now the Department of Homeland Security has proposed a $103,265 fee on H-1B cap-subject petitions.
The two numbers, $100,000 and $103,265, look almost identical, but they are different, and their application will also differ.
Who gets exempted, and who doesn’t?
DHS wants a $103,265 fee, payable at the time of filing, on every H-1B cap-subject petition, including those that qualify for the advanced degree exemption. That means all petitions within the 85,000 cap fall under this $103,265 fee.
The September 2025 proclamation worked differently. It stated that all US employers hiring foreign workers would be required to pay a $100K fee for petitions submitted after September 21, 2025. However, there are exemptions.
The US has clarified that F-1 students and H-1B visa holders already in the country are exempt from the $100k fee proclamation. This fee will not apply to previously issued H-1B visas, nor to petitions submitted before September 21, 2025. H-1B renewals remain unaffected, and employers do not need to pay the new fee. H-1B status is valid for up to six years in total, three years initially, extendable for another three years.
US employers can hire foreign students on F-1 visas without the $100k fee. These students can change their visa status to H-1B, and those in the OPT program are also eligible for employment under this change.
Is there a hidden cost for OPT students?
Those opting for the OPT program after studies have another cost to tackle. The Trump administration is expected to impose a $100,000 immigration fee on international students applying for the Optional Practical Training program post-graduation, according to The Wall Street Journal, as reported earlier.
Where does each fee stand legally?
The $100,000 H-1B petition fee came through a Presidential proclamation. The proclamation leaned on the president’s authority to restrict entry under sections 212(f) and 215(a) of the Immigration and Nationality Act, invoking wage suppression and national security concerns tied to H-1B use by IT outsourcing firms. Unlike the new DHS proposal, it never went through public notice and comment; it simply took effect.
The $100,000 H-1B proclamation has been challenged in the courts.
On June 8, 2026, the United States District Court for the District of Massachusetts vacated the agency guidance implementing the payment required by the Proclamation.
On June 11, 2026, the US government filed an appeal with the First Circuit Court of Appeals. The appeal remains pending as of the date of publication of DHS’s $103,265 fee proposal.
If the proclamation order is later lifted, DHS would collect the payment consistent with the terms of the Proclamation and any extension or renewal of it.
On the other hand, the new DHS $103,265 fee is designed to be consistent with section 286(m) of the Immigration and Nationality Act (INA). The public comment window runs until September 24, and a final rule, along with any implementation date, will follow after that.
| H-1B Fee Comparison: $100,000 vs $103,265 | ||
| Key Point | $100,000 H-1B Fee | $103,265 DHS Proposal |
| Introduced by | Trump administration proclamation | Department of Homeland Security |
| Status | Not currently being collected; court appeal pending | Proposed; public comments open until Sept. 24, 2026 |
| Fee amount | $100,000 | $103,265 |
| Legal basis | INA Sections 212(f) and 215(a) | INA Section 286(m) |
| Who it targets | H-1B petitions covered by the proclamation | All H-1B cap-subject petitions |
| Annual H-1B cap | 85000 | 85000 |
| Advanced-degree exemption | Exemptions depend on proclamation terms | Not exempt; included in cap-subject petitions |
| F-1 students changing to H-1B | Exempt under current proclamation guidance | Fee applies if the petition is cap-subject |
| H-1B workers already in US | Generally exempt | Can apply to cap-subject change-of-status petitions |
| H-1B renewals | Not subject to the $100K fee | Generally outside the cap-subject category |
| Cap-exempt employers | Generally outside the proclamation’s scope | Not subject to the proposed fee |
| Expiry / timeline | Proclamation set to expire Sept. 20, 2026 unless extended | Final rule and implementation date still pending |
| Potential combined total | $203,265 if both apply, before standard filing fees | $203,265 before standard filing fees |
Source: federalregister.gov
Bottom line: The biggest difference is that the proposed $103,265 fee is tied to the H-1B cap-subject petition itself, meaning even an F-1 student in the US changing status to H-1B could be covered. The $100,000 proclamation has a different structure and exemptions.
Could a single filing face both charges?
If the proclamation gets extended or reissued before it lapses, and the new DHS fee is finalised while that extension is active, a single H-1B filing could theoretically draw both charges, pushing the combined cost past $203,265 before standard filing fees are even added in.
So as things stand, the $100,000 payment is not being collected. The government’s merits appeal is still pending, with briefing expected to wrap up in October. And the proclamation itself carries a built-in expiry date of September 20, 2026, unless the administration extends it before September 21, 2026.
The DHS proposal is built differently. It is a filing fee tied to the petition category rather than the worker’s location, and it applies to all H-1B cap-subject petitions, including change-of-status filings for people already in the US, such as international students moving from F-1 status into an H-1B job with an American employer.
Cap-exempt petitioners, largely universities and nonprofit or government research organisations, stay outside the fee under DHS’s proposal, much as they did under the proclamation’s structure.
What do the numbers say?
A recent analysis, DHS says, suggests that H-1B petitioners would be willing to pay a one-time fee ranging from $100,000 to $200,000 to hire a foreign-born worker. The wage gap indicates employers pay H-1B workers 16.1 percent less than the expected wages of a comparable native worker.
Congress limits the total number of foreign workers eligible for initial H-1B nonimmigrant visas to 65,000 per fiscal year. There’s a separate limit of 20,000 H-1B visas for those holding a US master’s or higher degree, taking the total cap to 85,000.
DHS is hopeful that US employers will be willing to pay a one-time fee of $103,265 on cap-subject H-1B receipts. Applied to DHS’s own volume assumption of 85,000 cap-subject petitions a year, the agency projects roughly $8.8 billion in annual revenue.
Disclaimer: This article is for informational purposes only and reflects the status of policy and litigation as of the date of publication. Visa and immigration rules are subject to change through court rulings, agency action, or further executive action. Readers should consult official USCIS or DHS sources, or an immigration attorney, for guidance specific to their situation.