H-1B $100,000 Fee Update October 2026: What Punjab Students Planning a US Degree Should Know
Short answer: On 18 September 2026 the US President signed Proclamation 11069, renewing the $100,000 payment for certain new H-1B workers entering the United States from abroad until 21 September 2027. Federal courts in Massachusetts (June 2026) and California (30 September 2026) have since been reported to set aside the agency policies that implement the fee, so collection is reported as blocked while appeals continue. For most students who go to the US on an F-1 visa and later change status inside the US, earlier USCIS guidance said the $100,000 payment did not apply.
For families in Jalandhar, Ludhiana, Amritsar and across Punjab, the US master's route has usually been planned as F-1 study, then OPT, then an H-1B work visa. This H-1B $100,000 fee update explains what has actually changed, what is only proposed, and what it means for your study plans. Key facts are taken from the Federal Register text of Proclamation 11069 and the White House fact sheet.
H-1B $100,000 Fee Update: Timeline of Key Events
Date | What happened | Status |
|---|---|---|
19 Sep 2025 | First proclamation introduces a $100,000 payment for certain new H-1B petitions | Official |
20 Oct 2025 | USCIS guidance says the payment targets new petitions for workers outside the US; people inside the US eligible to change status (such as F-1 students) are not required to pay | Reported by US law firms; confirm on uscis.gov |
FY 2027 cap season | H-1B lottery moves to a weighted selection that favours higher wage levels | Official (referenced in Proclamation 11069) |
June 2026 | Massachusetts federal court sets aside the fee's implementing guidance; government appeals | Reported |
25 Aug 2026 | DHS proposes a separate $103,265 fee for H-1B cap-subject petitions | Official, proposed only |
18 Sep 2026 | Proclamation 11069 renews the $100,000 payment; executive order tightens H-1B oversight | Official |
30 Sep 2026 | Northern District of California vacates agency policies implementing both proclamations (Global Nurse Force v. Trump) | Reported |
What Proclamation 11069 Says
Signed: 18 September 2026. In force: 12:01 a.m. EDT on 21 September 2026. Expires: 12:00 a.m. EDT on 21 September 2027.
Who it targets: H-1B workers who are currently outside the United States and seek entry after the effective date, including through visa stamping at a US consulate.
The payment: the H-1B petition must be accompanied or supplemented by a $100,000 payment, and the State Department checks for proof of payment during visa processing.
Exemptions: the Secretary of Homeland Security can exempt individuals, companies or whole industries if it is in the national interest.
Extra scrutiny: a separate executive order signed the same day asks agencies to look at whether sponsoring employers recently laid off similarly placed US workers.
The proclamation text does not directly address change-of-status petitions for people already in the US, which is why the earlier USCIS guidance on F-1 students remains important.
Court Rulings: Is the Fee Being Collected Now?
According to reporting by Forbes and US immigration law firms, Judge Haywood S. Gilliam Jr. of the Northern District of California ruled on 30 September 2026 that the agency policies implementing both the 2025 and 2026 proclamations should be vacated, finding that they needed notice-and-comment rulemaking. This followed a June 2026 ruling by a federal court in Massachusetts. Law firms describe the fee as currently blocked, but the government is appealing and the position could change at short notice.
What this means in practice: do not assume the fee is gone permanently, and do not assume it applies to you. Any employer filing an H-1B petition should check the latest USCIS instructions on the day of filing.
The Separate Proposed $103,265 DHS Fee
Many news reports mix up two different charges. Besides the $100,000 proclamation payment, the Department of Homeland Security published a proposed rule on 25 August 2026 to add a $103,265 fee to H-1B cap-subject petitions, including petitions under the advanced-degree (master's) cap. The comment period closed on 24 September 2026.
This is only a proposal. It cannot be charged unless DHS publishes a final rule. Because it would be tied to cap-subject petitions rather than to entry from abroad, students already studying in the US should follow it closely, since a final version could affect employers sponsoring graduates from inside the country.
What It Means for Punjab Students
Your situation | What to keep in mind now |
|---|---|
Planning a US master's for 2027 intakes | Do not base the decision only on getting an H-1B. Check the OPT period for your course and whether it qualifies for STEM OPT, and make sure the degree still makes sense if you return to India or move elsewhere. |
Already on F-1 in the US | Earlier USCIS guidance said change of status from F-1 to H-1B did not need the $100,000 payment. Watch the proposed DHS fee and confirm with your university's international student office. |
On OPT or STEM OPT and aiming for the next lottery | Weighted selection favours higher wage levels, so a stronger job offer matters more than before. Talk to your employer early about timing. |
Working in India and hoping for a direct H-1B | This is the group the proclamation targets most directly. Employers may hesitate until the courts settle the issue. |
Practical Checklist Before You Commit to the US Route
Shortlist courses where the degree, not just the work visa, gives you value in India or other countries.
Check whether your programme is on the STEM designated degree list so you can plan for a longer OPT period.
Prepare a realistic budget that does not depend on US earnings to repay an education loan.
Prepare well for your F-1 interview, including clear answers about your post-study plans.
Follow only official updates on uscis.gov, travel.state.gov and the Federal Register, and avoid social media rumours.
Keep a back-up plan, such as Canada, the UK, Germany or Australia, in case US work rules tighten further.
Frequently Asked Questions
Is the H-1B $100,000 fee being charged right now?
As of early October 2026, the fee is reported as blocked. A federal court in Massachusetts set aside the implementing guidance in June 2026, and on 30 September 2026 a federal court in Northern California vacated the agency policies implementing both the 2025 and 2026 proclamations. The government is reported to be appealing, so the position can change quickly. Check uscis.gov before any filing.
Do F-1 students in the US have to pay the $100,000 H-1B fee?
Under the October 2025 USCIS guidance, as reported by US immigration law firms, the payment applied to new petitions for workers outside the US and did not apply to people already in the US who were eligible to change status to H-1B, such as F-1 students on OPT. Students should confirm the current guidance on uscis.gov, because agency guidance can be revised.
What is the proposed $103,265 H-1B fee?
It is a separate fee that the US Department of Homeland Security proposed on 25 August 2026 for H-1B cap-subject petitions, including master's cap cases. It is only a proposed rule. The comment period closed on 24 September 2026 and the fee cannot apply unless DHS publishes a final rule.
How long does Proclamation 11069 last?
According to the Federal Register text, Proclamation 11069 took effect at 12:01 a.m. EDT on 21 September 2026 and expires at 12:00 a.m. EDT on 21 September 2027, unless it is extended, changed or set aside by the courts.
Should Punjab students still plan a master's degree in the USA?
That depends on your course, budget and career plan. Many students still use F-1 study followed by OPT and, for eligible STEM degrees, the STEM OPT extension. Because H-1B rules are changing, plan your finances so the degree still makes sense even if you return to India or move to another country after OPT.
Get Guidance on Your US Study Plan
World Immigration Terminal in Jalandhar helps Punjab students compare the US with other study destinations, prepare F-1 applications and plan realistic budgets. Book a consultation with our team to talk through your options. You can also read our guides on F-1 visa interview questions and the court ruling on the US F-1 four-year rule, or start with our USA student visa process guide.
Last verified: October 2026. US visa rules, fees and court decisions are changing quickly. This article is general information, not legal advice, and no outcome is guaranteed. Always confirm current requirements on the official USCIS H-1B page or consult World Immigration Terminal before acting.
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