H-1B $100,000 Fee and the Weighted Lottery: Where Things Stand in October 2026

The H-1B $100,000 fee has been the biggest worry for Indian tech professionals and their employers since September 2025. A year later, the picture is mixed. The President extended the restriction to September 2027, but a federal court has stopped the government from collecting the payment for now. At the same time, a new wage-weighted lottery has changed who gets selected in the H-1B cap.

Here is where things stand as of October 3, 2026, based on USCIS, White House and Federal Register documents. This area is moving fast and is still in the courts, so check the latest official update before you or your employer file anything.

Is the H-1B $100,000 fee being collected right now?

Short answer: no, not as of early October 2026. On June 8, 2026, a federal court in Massachusetts vacated the agency guidance that implemented the $100,000 payment, and on July 24, 2026 the appeals court refused to pause that order. DHS says it will comply while it considers next steps.

USCIS describes the case as State of California v. Mullinin the U.S. District Court for the District of Massachusetts. USCIS also states that if the order is later lifted, "DHS still plans to collect the payment." The litigation is ongoing, so the situation could change quickly. Read the current notice on the USCIS H-1B page before any filing.

Who the $100,000 payment applies to

Short answer: new H-1B petitions filed on or after September 21, 2025 for workers who are outside the United States and do not hold a valid H-1B visa. It is a one-time payment per new petition, not an annual fee.

When the payment applied, employers paid it through pay.gov before filing, and petitions filed without proof of payment or an approved exception were denied. Exceptions were only for the "extraordinarily rare" case where the worker's presence is in the national interest. USCIS's H-1B FAQ also confirms that the proclamation does not stop current H-1B visa holders from travelling in and out of the United States.

The September 2026 extension and what it showed

Short answer: on September 18, 2026, the President extended the 2025 proclamation for 12 more months, until September 21, 2027. The extension also published the first official numbers on its impact.

• The $100,000 payment was made for more than 700 petitions.
• The largest IT staffing and outsourcing firms cut their combined H-1B registrations from 24,946 to 2,055, a 92% drop.
• Registrations for workers with at least a US master's degree rose from 45.1% of the total for FY 2026 to 66.1% for FY 2027.
• The two highest wage levels made up about 46.3% of selections, while the lowest wage level made up 17.8%.

A companion executive order, also published on September 23, 2026, directs agencies to consider an employer's recent or planned layoffs of similar US workers when reviewing H-1B cases. For Indian professionals, the message is clear: outsourcing-style roles at entry-level wages are the hardest hit.

How the new wage-weighted H-1B lottery works

Short answer: since the FY 2027 cap season, each registration is entered into the lottery once for every wage level step: four entries at level IV down to one entry at level I. Higher pay means better odds, but every wage level can still be selected.

The final rule was published on December 29, 2025 and took effect on February 27, 2026. The FY 2027 registration period ran from March 4 to March 19, 2026, the registration fee was $215, selection was completed on March 31, 2026, and USCIS announced on July 17, 2026 that it had enough petitions to reach the 65,000 regular cap and the 20,000 master's cap. No FY 2028 registration dates had been announced as of early October 2026.

Other H-1B fees and proposals to watch

Short answer: premium processing went up in March 2026, and DHS has proposed two major changes that are not final yet: a $103,265 fee on cap-subject petitions and removing the 60-day grace period after a job ends.

Proposed rules can change or be dropped. Do not make major decisions, like resigning or relocating, based on a proposal alone.

What Indian professionals and employers should do now

Short answer: if you are already in the US in valid status, protect that status and avoid unnecessary gaps. If you are in India, look at the full range of options, including other US categories and Canada.

• In the US on F-1 or H-1B:a change of status or extension filed from inside the US was not subject to the payment when granted. Speak to your employer's attorney before travelling while a change of status is pending.
• Higher-wage roles: a level III or IV offer improves lottery odds under the weighted system. Our H-1B visa program page explains the basics.
• Alternatives: depending on your profile, the O-1 visa for extraordinary ability or an L-1 intracompany transfer may fit better.
• Long-term plan: our employment green card roadmap helps you see the full timeline, including expected green card waiting times.
• Visa stamping: H-1B renewals now generally need an in-person interview. See our US visa interview and wait-time update.
• Canada as a parallel option: many skilled Indian professionals keep a Canadian Express Entry profile as a backup. See our Express Entry draws 2026 report.

Two practical points for stamping in India. First, the State Department instructs H-1B and H-4 applicants to set all their social media profiles to "public" for online presence review. Second, the visa fee for petition-based categories such as H and L is $205, and appointment waits differ a lot by city. As of September 17, 2026, the next available H and L interview was about 1 month away in Kolkata, 1.5 months in Mumbai and Chennai, 3 months in New Delhi and 5.5 months in Hyderabad. Book early and keep checking for earlier slots.

For a full picture of US options, visit our United States immigration hub.

This article is general information, not legal advice. H-1B rules are changing quickly and are the subject of ongoing lawsuits, and no one can guarantee a lottery selection or approval. For US legal advice on a specific petition, work with your employer's licensed US immigration attorney, and always check the official USCIS and Federal Register sources above.

Weighing the US against Canada? Book a free consultation with a licensed RCIC to map your Canadian options side by side with your US plan, at a fixed, affordable fee.