Is the H-1B visa suspended right now?

Not fully closed and not a lottery pause. Since 21 September 2025, most new H-1B petitions for people outside the United States require an extra $100,000 payment under a presidential proclamation, unless the petition is exempted. For most prospective applicants this is a de facto bar, but it is legally distinct from suspending the whole route. Official source: whitehouse.gov proclamation text. Reviewed 17 July 2026.

Can I still apply for an H-1B visa?

It depends on your situation. If you are outside the United States and do not already hold H-1B status, a new petition currently needs the $100,000 payment unless you qualify for an exemption, which is a bar for most people in practice. If you are already inside the United States on H-1B status, extensions and changes of status are not caught by the proclamation the same way, so you can generally still apply for those. Confirm your specific case with USCIS or an immigration attorney before you file anything.

Who actually has to pay the $100,000 fee?

It generally applies to new H-1B petitions filed on or after 21 September 2025 for beneficiaries outside the United States who do not already hold a valid H-1B visa. Petitions filed before that date, changes of status, extensions for people already in the US, and cases granted a national interest exception are treated differently. Confirm your specific situation with USCIS or an attorney, since exemptions are assessed case by case.

If I already have an H-1B, does this affect me?

Not in the same way. Extensions and changes of status for beneficiaries already inside the United States are not caught by the proclamation the way a brand new overseas petition is. You should still confirm your specific case with your employer's immigration counsel, since guidance has been updated more than once since September 2025.

Is the H-1B $100,000 fee legal?

This is being actively contested in US courts and the outcome could change the picture. A Washington DC district court upheld the fee in December 2025 and that ruling is on appeal. A Massachusetts district court vacated the fee in June 2026, then stayed its own ruling pending a further appeal filed in mid June 2026. There is a real, unresolved split between courts. Check current guidance rather than treating any single ruling as final, since the position has changed multiple times already.

Will the H-1B suspension end?

Nobody can say for certain. The proclamation is due to expire, absent extension, around 20 to 21 September 2026, and it requires a formal recommendation on whether to extend within 30 days of the next H-1B lottery. Based on the 2020 precedent, a similarly structured pause was extended once and then allowed to lapse after about nine months. Whether this one follows the same path is genuinely uncertain, and this page will not predict an outcome for you.

Has anything like this happened before?

Yes. In 2020, Proclamation 10052 suspended entry of new H-1B, H-2B, J-1, and L-1 workers during the pandemic. It was extended once, to March 2021, then, as widely reported, allowed to lapse without renewal under the incoming administration. It is a useful precedent, not a guaranteed repeat of what happens this time.

How does the H-1B lottery work now?

The statutory annual cap is unchanged at 85,000 (65,000 regular plus 20,000 for US master's degree holders and above). What has changed is how selection works: from the FY2027 cap season, a DHS rule replaces the pure random lottery with a wage weighted draw, where higher paid roles get more entries. This is confirmed and applies regardless of what happens to the $100,000 fee. Official source: Federal Register final rule, 29 December 2025. Reviewed 17 July 2026.

What should I do if my H-1B plan just fell through?

Look at the O-1 and EB-2 NIW first, since both are consistently reported as unaffected by the $100,000 fee and neither requires an annual lottery. eMigr8 has full guides to both. A free assessment can tell you quickly which one fits your background, and it is worth building a case for one of these while you wait to see how the H-1B situation develops.

Can my family still join me on an H-1B?

For H-1B holders not affected by the proclamation, H-4 status still covers a spouse and unmarried children under 21. Only the spouse, not children, can apply for work authorisation, and only if the principal has an approved I-140 or extended status under AC21. Fees, rules, and eligibility for H-4 EADs change, so confirm the current position with USCIS before you plan around it.

Does eMigr8 give legal or immigration advice?

No. We give coaching, profile review, and guidance to help you understand your options and prepare a strong application. We do not give legal advice or immigration consultation, and the H-1B situation in particular is moving quickly, so always confirm anything material with USCIS, the White House proclamation text, or a qualified attorney.

US H-1B Visa (currently suspended for most new applicants)

Since 21 September 2025, a presidential proclamation requires a $100,000 payment on most new H-1B petitions filed for workers outside the United States, unless exempted. This is a de facto bar for most people, though it is legally distinct from a lottery pause or a full route closure.

Who is and is not affected

People already in the US on H-1B status, and those extending or changing status, are treated differently from new overseas petitions. The fee's legal status is under active litigation as of mid-2026.

Alternatives right now

The O-1 and EB-2 NIW are not subject to the $100,000 fee and are the practical next steps for most people whose H-1B plan was disrupted. eMigr8 provides coaching and guidance, not legal advice or immigration consultation.

How eMigr8 helps

We give you an honest read on your situation and compare your realistic options, including the O-1 and EB-2 NIW.

Explore eMigr8

eMigr8 visa routes
US O-1 Visa guide
US EB-2 NIW Visa guide
Pricing
Contact eMigr8