Updated October 2, 2026 · not immigration advice
Trump $100,000 H-1B fee, in plain English (August 2026)
Two different H-1B bills are in the news. The $100,000 extra payment from President Trump's September 2025 proclamation is not being collected right now because a court blocked it. On August 24, 2026, DHS proposed a separate $103,265 fee for lottery (cap-subject) petitions. Neither amount is taken from a W-2 paycheck like federal tax.
In September 2025 the White House added a $100,000 payment on certain new H-1B petitions filed on or after September 21, 2025. USCIS says it applied mainly when the worker was outside the United States or the petition asked for consular notification. It was a one-time employer payment through pay.gov, not a new income-tax line. It did not apply to visas already issued, and USCIS says it did not change the fees on ordinary H-1B renewals. The usual H-1B electronic registration fee is still $215.
On June 8, 2026 a federal judge in Boston vacated the agency guidance that collected that $100,000 (State of California v. Mullin). On July 24 the First Circuit refused to put the collection back while the government appeals. USCIS updated its H-1B page on July 28, 2026: DHS will comply and will not collect the payment while the order stands. If a later court lifts the order, DHS says it still plans to collect. This is not immigration advice. Check USCIS before you file.
Separately, on August 24, 2026 DHS published a proposed rule for a $103,265 fee on all cap-subject H-1B petitions (the 65,000 regular cap plus the 20,000 U.S. master's exemption). That is a proposal, not a current charge. USCIS says it would not apply to cap-exempt filers such as many universities and nonprofit research labs. Do not mix this proposed number with the blocked $100,000 proclamation payment.
None of this is withheld like Social Security or California PIT. If a company prices a visa cost into an offer, it shows up as a lower salary, not a new tax on your stub. For the salary itself, use the home paycheck calculator or a state page. Figures reviewed October 2, 2026.
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FAQ
Is the $100,000 H-1B fee due right now?
No. USCIS says it will not collect it while the July 24, 2026 First Circuit order stands. That can change if a later court lifts the order. Confirm on the USCIS H-1B page before you file.
Does the fee come out of my paycheck?
No. It is an employer filing payment, not federal income tax, FICA, or state wage tax. Open the home paycheck calculator if you want take-home on the salary in an offer.
What is the $103,265 H-1B fee?
A DHS proposal dated August 24, 2026 for cap-subject (lottery) H-1B petitions. It is not in effect. It is a different number from the blocked $100,000 proclamation payment.