H-1B Fees
and Wage Rules
What Samper Law has published on the H-1B fees and the prevailing wage rule, with the date each point was accurate and a link to the analysis behind it.
What new immigration costs should employers budget for in 2027?
Sort them into three buckets: costs you will pay, costs you should model, and risks to reserve for. The cost in force today is the 50/50 fee on extensions for covered employers, $4,000 per H-1B and $4,500 per L-1 extension, scheduled through September 30, 2027. The $100,000 proclamation payment and the proposed $103,265 fee belong in scenarios.
Accurate as of | From The New Price of Foreign Talent: Six Line Items Your 2027 Budget Is Probably Missing
- 9-11 Response and Biometric Entry-Exit fee (50/50 fee) final rule, RIN 1651-AB48, in effect Sept. 9, 2026.
- Proclamation 11069, 91 FR 60497 (Sept. 23, 2026); Global Nurse Force v. Trump, No. 4:25-cv-08454 (N.D. Cal. Sept. 30, 2026), appeal noticed Oct. 9, 2026 (as reported); California v. Mullin (D. Mass. June 8, 2026).
- DHS proposed H-1B cap-subject petition fee, 91 FR 54817, Docket USCIS-2026-0298 (proposed).
What currently applies
Will H-1B and PERM prevailing wages go up in 2027?
Probably. The Department of Labor sent a final rule to the White House for review on November 6, 2026. Its March 2026 proposal would raise the entry level wage from the 17th to the 34th percentile and the top level from the 67th to the 88th, for H-1B, H-1B1, E-3 and PERM. The final numbers and effective date are not public yet.
Accurate as of | From The Final H-1B and PERM Wage Rule Reached the White House on November 6. What Sponsors Should Do Before It Publishes.
Primary sources- Office of Information and Regulatory Affairs, RIN 1205-AC30, Final Rule stage, received November 6, 2026, status "Pending EO 12866 Regulatory Review," reginfo.gov.
- Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals in the United States, 91 FR 15454 (Mar. 27, 2026), FR Doc. 2026-06017, Docket ETA-2026-0001; comments due May 26, 2026.
- Executive Order 14431 (Sept. 18, 2026).
Did a second court block the $100,000 H-1B fee?
Yes. On September 30, 2026, Judge Haywood S. Gilliam, Jr. of the Northern District of California granted in part a preliminary injunction in Global Nurse Force v. Trump, vacating the agency policies that implement the $100,000 payment and barring enforcement through them unless the agencies first complete notice and comment rulemaking. It is preliminary relief, not a final judgment, and the government has appealed.
Does the court order cover the 2027 extension of the H-1B proclamation?
It covers the agency policies implementing both Proclamation 10973 and the September 2026 extension, Proclamation 11069. The court did not enjoin the proclamations themselves, which remain in force through September 21, 2027. Check the status of the appeal before relying on the order.
Accurate as of | From A Second Court Has Blocked the $100,000 H-1B Fee, and This Order Reaches the 2027 Extension
Primary sources- Global Nurse Force v. Trump, No. 4:25-cv-08454-HSG (N.D. Cal. Sept. 30, 2026) (order granting in part motion for preliminary injunction).
- California v. Mullin (D. Mass. June 8, 2026) (judgment vacating implementing policies); stay pending appeal denied (1st Cir. July 24, 2026).
- Proclamation 10973 (Sept. 19, 2025); Proclamation 11069, 91 FR 60497 (Sept. 23, 2026), extending it through Sept. 21, 2027.
How much is the 50/50 fee on H-1B and L-1 extensions?
For covered employers, $4,000 for each H-1B extension and $4,500 for each L-1 extension. Since September 9, 2026, the 9-11 Response and Biometric Entry-Exit Fee applies to same-employer extensions, not only to initial petitions, and it is scheduled to run through September 30, 2027. As a hypothetical, a covered employer filing 60 H-1B extensions in a year would pay about $240,000 in these fees.
Accurate as of | From The 50/50 Fee Reached Extensions on September 9. Your Renewal Budget Just Changed.
Primary sourcesWhat is the proposed $103,265 H-1B fee?
A rule DHS proposed on August 25, 2026 that would charge $103,265 at filing on every cap-subject H-1B petition, including change-of-status filings made inside the United States. It is separate from the $100,000 proclamation payment. The comment period closed September 24, 2026, and the fee is not in effect unless the rule is finalized.
Accurate as of | From The $100,000 H-1B Fee Is Blocked, Not Dead. The Proposed $103,265 Fee Is Worse.
Every article on this topic, newest first
- UpdateThe Final H-1B and PERM Wage Rule Reached the White House on November 6. What Sponsors Should Do Before It Publishes.
- GuideThe New Price of Foreign Talent: Six Line Items Your 2027 Budget Is Probably Missing
- UpdateA Second Court Has Blocked the $100,000 H-1B Fee, and This Order Reaches the 2027 Extension
- UpdateThe $100,000 H-1B Fee Did Not Expire. It Was Extended to September 2027.
- UpdateThe 50/50 Fee Reached Extensions on September 9. Your Renewal Budget Just Changed.
- UpdateThe $100,000 H-1B Fee Is Blocked, Not Dead. The Proposed $103,265 Fee Is Worse.
- BriefProject Firewall: DOL No Longer Needs a Complaint to Investigate Your H-1B Program
Frequently asked questions
Does filing an LCA now lock in today's wage?
It may, but only if the final rule says so. Whether certified LCAs and issued prevailing wage determinations keep their wage depends on the rule's transition language, so early filing is a hedge, not a guarantee.
Which employers have to pay the 50/50 fee?
Only employers that meet both conditions pay it: 50 or more employees in the United States, and more than 50% of that U.S. workforce in H-1B or L-1 status. The final rule published August 10, 2026 did not widen that definition. The threshold is applied at filing, and workforce composition drifts, so an employer near either line can cross it without notice.
Accurate as of | From The 50/50 Fee Reached Extensions on September 9. Your Renewal Budget Just Changed.
Does the 50/50 fee apply to amendments as well as extensions?
Not to every amendment. An amended petition that does not ask for additional authorized stay is exempt; the fee attaches when the filing seeks more time. Before budgeting, a covered employer should check whether a planned amendment also requests an extension of stay.
Accurate as of | From The 50/50 Fee Reached Extensions on September 9. Your Renewal Budget Just Changed.
Would the proposed $103,265 H-1B fee apply to changes of status?
Under the proposal as written, yes: it would reach every cap-subject petition, including changes of status. Which petitions a final rule covers would depend on its effective date and applicability provisions.
Accurate as of | From The New Price of Foreign Talent: Six Line Items Your 2027 Budget Is Probably Missing
This article is provided for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Immigration law and agency policy change frequently; the analysis above reflects our understanding as of the date noted. Readers should consult counsel regarding their specific circumstances.