A $100,000 fee for some new H-1B work visas is in place and still being fought in court
Employers filing certain brand-new H-1B petitions have to pay a $100,000 charge on top of the usual costs. A court case may still change that. Separately, the H-1B lottery now favors higher-paid jobs instead of picking at random.
Who this applies to & what you could do
H-1B Specialty Occupation
- The $100,000 fee requirement is currently paused for H-1B filings.
- Standard filing fees and application requirements remain in place.
- A court found the $100,000 payment was not lawfully imposed
- The case continued on appeal, so plans should stay flexible
Confirm your application timing with your employer or an immigration lawyer, and monitor official updates in case fee requirements change again.
If your employer paused a filing because of the payment, it is a good moment to ask where things stand now.
E-3 Australian Specialty Occupation
- Higher minimum salary to sponsor or renew
- Proposal stage only
- Employer wage compliance actively checked
Nothing to file. If sponsorship is on the horizon, it is worth asking your employer how the proposed wage levels would affect their plans.
Hold on to your pay records. If an audit finds you were underpaid, those records are what establish it.
EB-2 Advanced Degree / Exceptional Ability
- Higher wage floor for the PERM step
- Could raise the cost of sponsoring you permanently
Ask your employer whether your PERM stage has been filed. Cases already certified are not reopened.
EB-3 Skilled Workers & Professionals
- Higher wage floor for the PERM step
There is nothing for you to file. It is a fair question to ask your employer when they plan to file your PERM step.
Timeline — newest first
USCIS updates its H-1B guidance to stop collecting the $100,000 payment for now
U.S. Citizenship and Immigration Services has updated its guidance to temporarily stop collecting a $100,000 payment for H-1B petitions. This pause takes effect immediately, meaning employers filing these visa requests do not need to include this extra payment right now. Because official guidelines may shift as policy reviews continue, this status could change in the future.
A federal judge rules the $100,000 H-1B payment unlawful
Labor Department proposes higher minimum pay for H-1B and green card sponsorship
Labor Department expands H-1B employer investigations under Project Firewall
Summaries are AI-generated from public government sources and news coverage. This is not legal advice.