Exactly who pays, who is exempt, what the bills actually say, and why most of the social media panic is unfounded
Few immigration topics generate more fear and misinformation than the proposed $100K H-1B fee. Social media posts routinely claim that all H-1B workers will have to pay $100K, that current visa holders will be affected, or that the fee is already in effect. None of these claims are accurate. This complete guide breaks down every bill, every exemption, and every scenario — so you can make informed decisions instead of reacting to fear.
Quick Answer: The $100K H-1B fee is a proposed employer-paid filing fee in pending legislation, targeting companies where 50%+ of workers hold H-1B/L-1 visas. Current H-1B holders are NOT affected. Change of status applications are exempt. Extensions and renewals are exempt. The fee is paid by the employer, not the worker. A healthcare exemption bill has been introduced. No $100K fee bill has been signed into law as of March 2026.
| Company | H-1B Filings | H-1B Dependent? | $100K Fee Risk |
|---|---|---|---|
| Amazon | 55,150 | No (~3% visa workers) | Exempt |
| Microsoft | 34,626 | No (~5% visa workers) | Exempt |
| 33,416 | No (~4% visa workers) | Exempt | |
| Infosys | 32,840 | Yes (~70%+ visa workers) | Likely affected |
| Tata Consultancy Services | 28,950 | Yes (~75%+ visa workers) | Likely affected |
| Cognizant | 26,700 | Yes (~65%+ visa workers) | Likely affected |
| Deloitte | 18,200 | No (~8% visa workers) | Exempt |
| Apple | 15,800 | No (~2% visa workers) | Exempt |
Multiple bills in Congress reference a $100,000 fee for H-1B petitions filed by "H-1B dependent" employers — companies where 50% or more of their U.S. workers are on H-1B or L-1 visas. The most prominent is the H-1B and L-1 Visa Reform Act, which has been introduced in various forms since 2013. The key provisions:
Who pays: The employer, not the worker. It is illegal under INA Section 212(n)(2)(C) for employers to pass H-1B filing fees to workers. The $100K fee would be an additional employer cost on top of existing filing fees ($1,710 base + $500 fraud fee + $750/$1,500 ACWIA fee).
Who is exempt: Companies where fewer than 50% of workers are H-1B/L-1 holders. This exempts virtually all major tech companies (Amazon, Google, Microsoft, Apple, Meta), major banks, consulting firms, healthcare systems, and universities. The fee primarily targets IT staffing and consulting companies with high visa-worker concentrations.
What types of petitions: New petitions for initial H-1B employment. Extensions, amendments, and change of status applications are generally exempt in most bill versions. Consular processing for new hires from H-1B dependent employers is the primary target.
Recognizing the devastating impact a $100K fee would have on hospitals and healthcare systems that rely on international nurses, doctors, and medical professionals, a bipartisan healthcare exemption bill has been introduced. This bill would exempt healthcare occupations from any H-1B fee increases above current levels, regardless of employer dependency status.
The $100K fee has been proposed in various forms since 2013. No version has ever been signed into law. Congress has not passed comprehensive H-1B reform legislation since 2004. Even if a bill passes, it would have implementation timelines, exemptions, and legal challenges. Current H-1B holders, workers filing extensions, and employees at non-H-1B-dependent companies would not be affected.
Search Wisa for employers where the $100K fee would NOT apply — most tech companies, banks, and healthcare systems are exempt.
Search Exempt H-1B Sponsors →Search thousands of verified H-1B sponsors by company, industry, and location.
Search H-1B Sponsors on Wisa →No. As of March 2026, no $100K H-1B fee bill has been signed into law. Multiple bills proposing such a fee have been introduced in Congress over the past decade, but none have passed. The current H-1B filing fee structure remains unchanged from the existing USCIS fee schedule.
No. Under all proposed versions of the $100K fee, extensions and renewals are exempt. The fee targets new petitions filed by H-1B dependent employers, not extensions of existing H-1B status. Additionally, the fee is paid by the employer, not the worker.
An employer is 'H-1B dependent' when 50% or more of its U.S. workforce are H-1B or L-1 visa holders. This primarily affects IT outsourcing and staffing companies. Most large tech companies (Amazon, Google, Microsoft), banks, healthcare systems, and universities have visa workers well below 50% of their total workforce and would be exempt.
A bipartisan healthcare exemption bill has been introduced that would exempt healthcare occupations from any H-1B fee increases. This reflects recognition that hospitals and healthcare systems rely on international medical professionals and that a $100K fee would exacerbate existing healthcare worker shortages.