If you have been watching H-1B videos lately, you may have seen some version of the same message: H-1Bs are getting hit with a $100,000-plus fee, and now the courts have blocked it.
There is more to it than that.
The $100,000 H-1B measure from September 2025 has been challenged in court, while the newer $103,265 fee is still only a proposed rule.
So the answer to “Is the $100k fee already blocked?” is not something you can safely reduce to a yes or no without looking at the latest court action and the specific situation.
Here is what matters right now.
There are two separate things to watch
The confusion largely comes from two different measures being discussed as if they were one.
The $100,000 measure comes from a presidential proclamation issued in September 2025. It has faced legal challenges, so its current status depends on the latest court proceedings.
The $103,265 fee comes from a DHS proposed rule published on August 25, 2026. It is not yet in effect, and the public comment period closes on September 24, 2026.
Those are separate developments.
| What to watch | Current position |
|---|---|
| $100,000 measure | Challenged in court, check latest court status |
| $103,265 fee | Proposed rule, not yet in effect |
| Public comments | Deadline: September 24, 2026 |
| USCIS guidance | Watch for FAQs and policy updates |
What if you are already waiting for a green card?
This is where some of the online panic misses the point.
A fee aimed at new H-1B petitions does not automatically change a green-card application that is already in progress.
If you are already somewhere in the employment-based green-card process, the proposed H-1B fee is not suddenly a new fee attached to your green-card application simply because you are an H-1B worker.
But there can still be an indirect effect.
If hiring or sponsoring a new H-1B worker becomes substantially more expensive, an employer may become more cautious about sponsoring new H-1B cases.
That matters much more to someone trying to enter the H-1B system than to someone whose employment-based green-card process is already underway.
If you’re on an H-1B right now
Don’t assume that a viral video means you suddenly owe $100,000.
First determine which measure the video is talking about.
Then look at whether it is currently enforceable and whether it applies to your particular petition.
The $103,265 amount, in particular, is still a proposal. It has not simply become a new fee that every H-1B worker has to pay.
Your employer’s immigration counsel should be able to tell you how the current rules affect an upcoming filing, extension or other petition.
What should you actually watch?
There are three things worth following.
1. The court challenge
The legal status of the $100,000 proclamation measure can change as the courts issue new decisions or orders.
This is the part where old videos can become particularly misleading. A video recorded weeks ago may accurately describe the situation when it was made and still be wrong about the situation today.
2. The September 24 comment deadline
The proposed $103,265 fee is currently going through the rulemaking process.
The public comment period closes on September 24, 2026.
After that, DHS can consider the comments and decide how to proceed. The final rule could differ from the proposal.
3. USCIS updates
Keep an eye out for USCIS FAQs, policy guidance and other updates that explain how any new requirements are being applied.
This is particularly important if you or your employer are preparing a petition around the time a rule or court decision changes.
What should you do now?
Don’t make an immigration decision based on a headline saying “$100k H-1B fee blocked” or “$103,265 H-1B fee starts now.” Neither headline gives you enough information.
If you are already in the green-card process, ask your immigration counsel whether any current H-1B development affects your particular stage. A fee aimed at a new H-1B petition is not automatically a fee on an existing green-card case.
If you are preparing a new H-1B petition, get the current position from your employer’s immigration counsel before budgeting for the filing. The relevant question is not simply which number is circulating online, but which rule currently applies to your petition.
For now, the key distinction is simple:
**$100,000: legally contested.
$103,265: proposed.**
The situation can change, so the latest court order and official government guidance matter more than the latest viral video.
Sources: Littler: court status of the $100,000 H-1B fee policy · Federal Register: Fee for Certain H-1B Petitions
