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H-1B $100,000 fee and new USCIS fees: October 2026 update
The $100,000 H-1B fee is blocked for now, but the proclamation was extended to 2027. Meanwhile, several USCIS fees rise on October 16.
The H-1B fee: blocked, for now
The $100,000 payment applied to certain H-1B petitions for workers outside the U.S. A federal court in Massachusetts ruled it unlawful on June 8, 2026, and the First Circuit reinstated that ruling on July 24 while the government’s appeal continues. A new proclamation extends the requirement to September 21, 2027, but as of early October the court order means the fee is not being collected.
What employers should do
Plan for both outcomes. For key hires, many companies are evaluating alternatives that are not subject to the fee — such as O-1 for people with strong professional records, or L-1 for intracompany transfers.
USCIS fees rising October 16, 2026
- Annual asylum application fee: $102 → $105.
- Form I-131 parole fee: $1,020 → $1,050.
- Form I-765 initial EAD for asylum applicants, parolees and TPS: $560 → $570.
- Form I-821 (TPS): $510 → $520.
Filings postmarked on or after October 16 must include the new amounts, or they may be rejected.
Thinking about O-1A?
Get a professional review of your background — a real strategist reads your answers and replies in your language.
Frequently asked questions
Is O-1 an alternative to H-1B?+
For people with a strong record of achievement, often yes. O-1 has no lottery and no annual cap, but the evidence bar is higher.
Could the $100,000 fee return?+
Yes, depending on the appeal. Employers should keep contingency plans for affected hires.
Sources
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