H1B visa fee 2026: who pays the $100,000, the proposed $103,265 fee and what it means for Indian students planning an MS in the USA

Every H-1B and F-1 rule at a glance

H1B visa fee 2026: who pays the $100,000?

The employer pays it on pay.gov before filing. Proclamation 11069 restricts H-1B entry "except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000". Exceptions are national-interest grants by the Secretary of Homeland Security.

Signed on 18 September 2026, it extends the 2025 order to 21 September 2027 and says the payment "has been made for over 700 petitions". Executive Order 14431, signed the same day, tells agencies to weigh an H-1B sponsor's layoffs. For scale: at the US Mission's consular rate of ₹98 per dollar (from 25 May 2026), $100,000 is ₹98 lakh.

Does the $100,000 apply to F-1 students changing to H-1B inside the US?

The USCIS H-1B page (updated 21 September 2026):

• It applies to petitions for people outside the US without a valid H-1B visa, or asking for consular or port-of-entry notification.
• It does not apply to a change of status, amendment or extension for someone inside the US when USCIS grants it. That covers the usual F-1 (OPT) to H-1B move.
• It applies after all if USCIS finds you ineligible for the change, for example out of status or abroad before the decision.

Is the $100,000 H-1B fee being collected now? Court status on 16 October 2026

• 8 June 2026: in California v. Mullin (D. Mass.), a suit by 20 states, the court declared the implementing policy unlawful and "VACATED in its entirety".
• 24 July 2026: the First Circuit refused to pause that ruling. The appeal (No. 26-1699) continues.
• USCIS: its alert says DHS "will comply with the court's order while DHS considers next steps. If this order is later lifted, DHS still plans to collect the payment."
• 30 September 2026: in Global Nurse Force v. Trump (N.D. Cal.), the court vacated the agency policies and barred enforcing them under Proclamation 10973 "and its extension in Proclamation No. 11069" until notice-and-comment rulemaking. It noted "the $100,000 fee is no longer in effect".
• Other side: a D.C. district court upheld the fee in December 2025 (Chamber of Commerce v. DHS); that appeal is pending.

So the payment is blocked, not repealed. Note: USCIS Form G-1055 (edition 7 October 2026) still lists the $100,000 line.

What is the proposed $103,265 H-1B fee?

The DHS proposed rule of 25 August 2026 would charge $103,265 at filing for "all H-1B cap-subject petitions, including those eligible for the advanced degree exemption", on top of every other fee and any proclamation payment.

• Excluded: cap-exempt petitions, such as universities and nonprofit or government research bodies.
• Inside the US too: the proposed text has no exception for people already in the US, so an F-1 to H-1B change of status with a cap-subject employer would be covered.
• Status: comments closed on 24 September 2026; no final rule or start date as of 16 October 2026.

H-1B new rules: the weighted lottery and the master's cap

The cap is 65,000 a year plus 20,000 for holders of a US master's or higher. Universities and nonprofit or government research bodies are outside the cap.

Under the weighted selection rule (in force since 27 February 2026), registrations enter the draw by the offered wage level: level IV four times, III three, II twice, I once.

Proclamation 11069 says registrants with at least a US master's rose from 45.1% (FY 2026) to 66.1% (FY 2027), and that the two top wage levels took about 46.3% of selections against 17.8% for the lowest. A US master's is now the norm among registrants; the wage level moves your odds.

How the H-1B cap process runs, step by step

1. Registration (March): the employer registers you for $215 and states the wage level. The FY 2027 window ran 4 to 19 March 2026.
2. Selection: USCIS runs the weighted draw; in 2026 it aimed to notify employers by 31 March.
3. Petition (from 1 April): the employer files Form I-129 with a certified Labor Condition Application, for a start on 1 October or later.
4. Cap-gap: if your OPT ends before 1 October, your F-1 status and work permission continue while a timely petition is pending.
5. Start: inside the US, the change of status takes effect on approval; from abroad, you apply for the visa ($205 fee).

Proposed OPT and STEM OPT fee: $70,000 and $30,000

The ICE proposed rule of 8 October 2026 would make schools pay $70,000 before recommending a student's first OPT and $30,000 before any later OPT, including the STEM OPT extension. DHS says schools "may mitigate their budgetary impact by passing the financial obligation of this proposed fee onto F-1 nonimmigrant students, all students, or employers".

It would start 60 days after a final rule, and not for students already approved or recommended before then. Comments close 9 November 2026 (docket ICEB-2026-0100). Until then, OPT costs the I-765 fee: $470 online, $520 on paper. ICE's SEVIS by the Numbers 2024 shows why it matters: 48.0% of the 165,524 STEM OPT students in 2024 were from India.

F-1 duration of status rule and CPT guidance: blocked and challenged

Duration of status: the final rule of 17 July 2026 would cap F-1 admission at the programme length, up to 4 years, and cut the grace period from 60 to 30 days. A Massachusetts court postponed it on 14 September 2026; the government appealed on 30 September (docket). For now, duration of status and the 60-day grace period continue.

CPT: SEVP Broadcast 2608-01 (12 August 2026) says to authorise CPT "only... if its absence would make the attainment of a degree an impossibility", and warns schools can lose SEVP certification. Higher education groups sued on 5 October 2026; the hearing is on 6 November 2026. A year or more of full-time CPT also rules out post-completion OPT.

How much does it cost to get an H-1B visa? Regular fees in force

From USCIS Form G-1055 (edition 7 October 2026); the employer pays.

A large employer filing on paper pays at least $215 + $780 + $600 + $500 + $1,500 = $3,595, plus a $205 visa fee if you are abroad.

F-1 visa fee and SEVIS fee for Indian students

• F-1 visa fee: $185, set by the State Department in 2023 for non-petition visas, "which include all types of student visas". At ₹98 per dollar, ₹18,130.
• SEVIS I-901 fee: $350, per ICE.
• Visa integrity fee: DHS said in July 2025 it "will be implemented in a future publication"; no start date found as of 16 October 2026.
• Social media: F and H-1B applicants must make accounts "public" (US Mission India).

Planning an MS in the USA for Fall 2027: what to weigh

• Timing: a two-year MS from Fall 2027 normally ends in 2029. Proclamation 11069 ends on 21 September 2027 unless extended, and the $103,265 rule is not final, so nobody can say what an H-1B will cost then.
• OPT: ask each university in writing whether it would pay or pass on a $70,000 OPT fee if finalised, and whether your programme is on DHS's STEM list.
• Cap-exempt employers: universities and nonprofit or government research bodies skip the lottery and the proposed $103,265 fee, but not the $100,000 payment if it returns.
• Wage level: a level III offer gets three lottery entries, level I one.

Gujarat students: where US visa interviews happen

There is no Gujarat-specific US rule. The US Consulate General in Mumbai "represents the United States in Western India, including the states of Maharashtra, Gujarat, Madhya Pradesh, Chhattisgarh, and Goa". Applicants book interviews in their country of residence or nationality, and pay fees at the consular rate of ₹98 per dollar. ICE counted 422,335 SEVIS records from India in 2024 (up 11.8%), with no state-wise split.

Where to go next

• Admission tests: GRE exam guide, TOEFL iBT guide and IELTS guide
• Funding: study abroad scholarships for Indian students, 2027-28 deadlines
• Other destinations: UK student visa fees and Graduate Route rules and study in Germany: cost, APS and blocked account
• Latest updates: CareerBox News