Many Indian F-1 students plan to move to an H-1B work visa after OPT, so the 100,000 dollar H-1B payment announced in September 2025 worried them. Its status has changed several times through court orders. This guide uses the USCIS alert pages and the Study in the States site, read on 22 October 2026, and marks clearly what is official and what comes from law firm and university advisories.
- USCIS says that on 8 June 2026 a federal court in Massachusetts vacated the agency guidance that implemented the 100,000 dollar H-1B payment, and on 24 July 2026 the First Circuit refused to pause that order
- DHS says it will comply for now but still plans to collect the payment if the order is lifted
- University and law firm advisories report a further extension of the proclamation on 18 September 2026 and a second court order on 1 October 2026.
What Is the 100,000 Dollar H-1B Payment?
It is a payment required by a presidential proclamation signed on 19 September 2025. USCIS says it must accompany any new H-1B petition submitted after 12:01 a.m. Eastern time on 21 September 2025, including the lottery. USCIS describes it as a one-time fee on submission of a new petition, not a charge on renewals or existing visas.
The proclamation does not apply to H-1B visas already issued or to petitions submitted before that time, and USCIS says it does not stop current H-1B holders from travelling. DHS and the State Department were told to coordinate implementation, and USCIS and Customs and Border Protection issued guidance.
Where Does the Payment Stand in October 2026?
It is not being collected under USCIS guidance at the moment. USCIS reports that a federal court vacated that guidance on 8 June 2026 and the First Circuit refused a stay on 24 July 2026. DHS says it will comply for now but still plans to collect the payment if the order is lifted.
| H-1B payment timeline 2026 | What happened | Source |
|---|---|---|
| 19 Sep 2025 | Proclamation requires 100,000 dollars for new petitions | USCIS H-1B FAQ |
| 8 Jun 2026 | District court in Massachusetts vacates the USCIS guidance | USCIS alert |
| 24 Jul 2026 | First Circuit denies the government's stay request | USCIS alert |
| 18 Sep 2026 | New proclamation extends the policy to 21 Sep 2027, as reported by advisories | Law firm and university advisories |
| 1 Oct 2026 | A California court issues an injunction, as reported by advisories | Law firm and university advisories |
Does the Payment Apply to F-1 Students Moving to H-1B?
USCIS describes the proclamation as covering certain H-1B petitions for beneficiaries outside the United States who hold no valid H-1B visa. That suggests students already in the US changing status are treated differently, but we found no USCIS text naming F-1 change of status. Ask your employer's lawyer and school for written guidance.
Rules on who must pay have been explained in several guidance documents and in court cases. Treat any social media post about an exemption as unconfirmed, and ask for the written guidance your employer's immigration lawyer is using.
What Is the 9-11 Biometric Fee, and Is It the Same Thing?
No. It is a separate statutory fee. A final rule effective 9 September 2026 requires covered employers to pay the 9-11 Biometric Fee on H-1B and L-1 petitions, except amended petitions that do not extend status. A covered employer has 50 or more employees, with over half in H-1B or L-1 status.
This fee falls on a narrow group of employers and is unrelated to the 100,000 dollar payment. If an employer mentions an H-1B fee, ask which one they mean.
How Should an F-1 Student Plan for H-1B in 2026?
Plan as if the rules may change. Use OPT and STEM OPT time well, ask employers early whether they sponsor, and keep your documents ready. A court order can lift or change the payment quickly, so check USCIS and your school's international office each month. Do not make large financial decisions based on a single article.
The H-1B route also involves an electronic registration and a lottery, and the Department of Homeland Security has said it plans a rule to prioritise higher-paid roles. Compare the work routes in other countries, such as the UK Graduate visa or the Canada PGWP, before you choose where to study.
Study in the USA in 2026Read →What Else Is the Government Planning for H-1B?
The USCIS FAQ says further steps include a Department of Labor rulemaking to raise prevailing wage levels and a DHS rulemaking to prioritise higher-paid applicants in the lottery. USCIS adds that more reforms are under consideration. These are announced plans, not final rules, so watch the Federal Register for notices before you change any plans.
For students this could mean that the salary level of the job matters more at registration in future years. Ask employers about the wage level of the role you are applying for. H-1B timing also follows the annual electronic registration, so keep your OPT end date and any STEM OPT extension in view when you plan.
Because the details can change, treat this as a planning aid, not advice. Your employer's immigration lawyer can tell you how a particular petition would be handled today, and your school can explain how it affects your status while you are on OPT.
Which Official Pages Should You Check?
Check the USCIS H-1B Specialty Occupations page and its H-1B FAQ for the current alert, the Federal Register for any new rule, and your school's international student office for guidance written for students. Law firm and university advisories are useful but can be days behind, so always confirm against the USCIS alert.
The USCIS page shows the date it was last updated, and its alerts show the latest court steps. If you are an F-1 student within 90 days of the end of your OPT, ask your employer's immigration lawyer for a written plan that covers both outcomes. Keep a dated copy of any guidance you rely on, so you can show what the rules said when you made your plan.
F-1 Visa Interview QuestionsRead →