If you have seen videos claiming that H-1B workers now face a $100,000 or $103,265 fee, you could be forgiven for thinking the U.S. just introduced a six-figure charge for H-1B visas.
That is not what happened.
There are two separate H-1B measures, with different dates, different legal status and different rules about who they affect.
The $100,000 figure comes from a presidential proclamation issued in September 2025.
The $103,265 figure comes from a proposed rule published by the Department of Homeland Security (DHS) on August 25, 2026.
They are not the same fee.
And, importantly, the $103,265 amount is not currently in effect.
The two numbers at a glance
| $100,000 | $103,265 | |
|---|---|---|
| Where it comes from | September 2025 presidential proclamation | August 25, 2026 DHS proposed rule |
| Legal status | Proclamation, challenged in court | Proposed rule |
| Current status | Subject to ongoing legal developments | Not yet in effect |
| Cap-exempt H-1Bs | Depends on the proclamation’s rules | Excluded from proposed fee |
| Key date | September 2025 | September 24, 2026 comment deadline |
This distinction matters because a video saying simply “the H-1B fee is now $100,000” can leave out the most important part: which measure is it talking about, and does it actually apply to your situation?
Where did the $100,000 figure come from?
The $100,000 figure comes from a September 2025 presidential proclamation concerning certain H-1B petitions.
The measure has been challenged in court, so its current legal status matters.
That means you should be careful with videos that present the $100,000 amount as a simple, permanent H-1B fee that every worker or applicant must pay.
It is more complicated than that.
The answer can depend on the type of petition, the circumstances of the worker and the current status of the legal challenge.
And where did $103,265 come from?
This is a completely separate development.
On August 25, 2026, DHS published a proposed rule that would establish a $103,265 fee for certain H-1B petitions.
The key word is proposed.
It is not currently a law that every H-1B worker has to comply with.
The proposal would apply to cap-subject H-1B petitions, including petitions under the master’s cap. Cap-exempt filings would be excluded.
There is also a public comment period, with comments currently due by September 24, 2026.
So if a video says, “The new $103,265 H-1B fee starts now,” that is missing a very important fact: the proposed fee is not yet in effect.
Why the difference matters
For someone on an H-1B, the question is not simply:
“Is the H-1B fee $100,000 or $103,265?”
The better questions are:
- Are you talking about the 2025 proclamation or the 2026 proposed rule?
- Is the petition cap-subject or cap-exempt?
- Is this a new petition, extension or another type of filing?
- Is the relevant measure currently in effect?
- Has a court decision changed how the measure applies?
Those details can completely change the answer.
A person working for a cap-exempt organization, for example, may be outside the proposed $103,265 fee altogether.
So, do H-1B workers need to budget $100,000 or $103,265?
Not simply because they have an H-1B.
The $103,265 amount is currently a proposal, not an across-the-board fee that every H-1B worker must pay.
The $100,000 measure is a separate matter and has faced legal challenges, so its current status needs to be checked before relying on it.
This is why the short viral videos are particularly misleading. They take two complicated developments and turn them into one easy sentence:
“H-1B now costs $100,000.”
Or:
“H-1B fee is now $103,265.”
Neither statement gives you enough information to know whether the measure actually affects you.
What should you do?
If you see a video about a six-figure H-1B fee, first check which number it is talking about. The $100,000 proclamation and $103,265 proposed rule are separate measures.
If your employer is preparing an H-1B petition, ask the immigration counsel handling it which rules currently apply to your specific petition. They can assess the petition type, employer and current legal status of the relevant measures.
And don’t treat the $103,265 figure as a bill you need to pay today. As of this writing, it remains a proposed rule, with the public comment deadline on September 24, 2026.
The numbers look almost identical. The legal situations behind them are not.
Sources: Federal Register: Fee for Certain H-1B Petitions · Miller Mayer
