H-1B in November 2026: the $100,000 fee is blocked, a $103,265 fee is proposed

For the hundreds of thousands of Indians who work in the United States on H-1B visas, and the employers who sponsor them, the rules have changed several times in a year. Here is where things stand in early November 2026.

The $100,000 fee: not being collected

The $100,000 charge on new H-1B petitions, imposed by a presidential proclamation in September 2025, is not being collected. A federal court in Massachusetts struck down the policy on 8 June 2026, and the appeals court for the First Circuit refused in July to pause that ruling. A separate ruling in California on 30 September blocked the policies used to carry it out. A further proclamation in September 2026 extended the fee until 21 September 2027, but it remains blocked by the courts. Employers do not have to pay it for now.

The $103,265 fee: proposed, not final

Separately, the Department of Homeland Security published a proposed rule on 25 August 2026 that would charge employers a fee of $103,265 on certain new H-1B petitions under the annual cap. It is only a proposal. Public comments close on 10 November 2026, and the fee cannot be charged unless a final rule is issued.

The lottery: weighted by wages

From the current cap season, the random H-1B lottery has been replaced by a weighted selection. Each registration gets one to four entries depending on the wage level offered, so better-paid jobs have a better chance. The registration fee is $215. The Labour Department has also proposed raising the prevailing wages employers must pay, but that rule is not final either.

Why it matters to India

Indians receive more than 70% of H-1B visas issued each year, most of them in technology jobs. Higher costs and wage-weighted selection favour senior, well-paid roles over entry-level ones, which could push companies to hire more people in India instead.

Rules are still moving, and sources disagree on details. Anyone affected should check with their employer’s immigration lawyer and the official USCIS and Federal Register notices before making plans.