Who’s Paying The $100,000 H-1B Fee…? Only 70 Employers

In September of last year, the Trump administration enacted a new policy requiring employers hiring H-1B workers from outside the United States to pay a $100,000 fee. The goal of this action was to generate additional revenue for the federal government. Since its effective date, the policy has been scrutinized and brought to court as restrictive to H-1B applicants and having no impact in generating revenue.  So how many employers are paying this fee and what does it tell us about the implications of the policy.  As of late February 2026, Bloomberg reported only ~70 employers have paid it.

70 Employers.

Out of a pool of 30,000+ H-1B sponsoring employers, only 70 employers are dipping their toes outside of the US to hire employees under the H-1B designation.  The lack of interest continues to show glimpses of the weakening labor market, the instability individuals and companies face in recruiting talent, and immigration uncertainty fueling the current administration authority to further restrict lawful immigration.

What the Fee Is and Where It Stands

The $100,000 charge applies to H-1B petitions for workers entering from abroad and is the most restrictive action the Trump administration has taken targeting skilled foreign workers to date. It is currently being challenged in three separate federal courts, including a high-profile case heard in Oakland on February 26, 2026, brought by a nurse recruiting firm arguing the fee has effectively eliminated the H-1B program for smaller employers.

The legal argument gaining the most traction draws directly from the Supreme Court's recent decision striking down Trump's global tariff regime. If the executive cannot unilaterally impose financial charges without clear Congressional authorization, plaintiffs argue the same logic should apply here. No ruling has been issued yet, and courts have requested additional briefing on exactly that question. The outcome remains uncertain, and that uncertainty is part of the problem.

The Real Risk Is Not the Fee Itself - Its Employers Restricting Their Hiring

Even if you are not directly subject to the $100,000 charge, its effects are already being felt across the broader sponsorship landscape. 

Employers who might have sponsored H-1B candidates without hesitation are now quietly reassessing.

Mid-size companies, healthcare systems, and regional firms that once viewed international hiring as routine are weighing whether the cost and legal exposure are worth it. This does not always show up as a formal policy change. More often, it looks like a recruiter who stops responding, an offer that never materializes, or a role that gets quietly reclassified. For professionals on F-1 OPT or STEM OPT, this erosion of the sponsor pipeline is especially dangerous because there is very little time to course-correct when a visa timeline is already in motion.

The fee has made visible something that was always true about the H-1B: your immigration stability is only as strong as your employer's willingness to maintain it.

What This Means If You Are Thinking Long-Term

This is where EB-5 can come into play.  For those who own assets, have a family, or wish to continue residing in the United States, the biggest challenge is the uncertainty of immigration status.  While H-1B, F-1, J-1 and OPT are solutions to getting to the United States, they are not a solution to staying here long term.   

The H-1B was never designed to be a permanent solution. It is a temporary status tied to a specific employer, a specific role, and a specific wage level. It requires renewal, ongoing compliance, and an employer who remains committed to sponsoring you through each stage. When that commitment wavers, your options narrow quickly.

EB-5 works differently. It is an investor pathway to permanent residence that does not require an employer to sponsor you, a lottery to select you, or a court to uphold a fee structure. It is a path you control. And for individuals already in the U.S. on H-1B status, these two paths do not have to be mutually exclusive. Because the H-1B is a dual intent visa, pursuing EB-5 concurrently does not jeopardize your current status. 

In certain reserved categories, eligible applicants inside the U.S. can file for work authorization and advance parole while their EB-5 petition is pending,  creating a layer of stability that exists independently of any employer decision.

If I file for EB-5, does that hurt my H-1B application or status?

No. 

The H-1B is classified as a dual intent visa, which means you are legally permitted to pursue permanent residence while maintaining H-1B status. A pending EB-5 petition or I-485 adjustment of status application does not disqualify you from H-1B approval or extension.

Can I file for EB-5 while I am still waiting for H-1B lottery results?

Yes.

You do not need to wait for lottery results to begin EB-5 preparation. In fact, starting early is often an advantage. The most time-intensive part of an EB-5 filing is typically the source-of-funds documentation, and beginning that process before March 31 results are released gives you far more flexibility regardless of the outcome.

What happens to my EB-5 process if I lose my job while on H-1B?

This is one of the most important distinctions between the two pathways. If your H-1B employment ends, you have 60 days to find new sponsorship or leave the country. Your EB-5 petition, however, is not tied to your employer. It continues regardless of your employment situation, which is precisely why many professionals view it as a form of immigration insurance.

Bottom Line for Those Still on the Fence

It is completely reasonable to feel uncertain. EB-5 is a significant financial commitment, and the idea of shifting strategy mid-career can feel disruptive. But the professionals who tend to navigate this environment best are not the ones who waited for a court ruling or a lottery result before thinking about alternatives. They are the ones who started gathering information early, understood their options clearly, and made decisions from a place of preparation rather than pressure.

If you are on OPT or STEM OPT, approaching the limits of your H-1B attempts, or working for an employer whose sponsorship commitment feels less certain than it once did, those are exactly the circumstances under which exploring EB-5 now makes sense.

Because your Green Card Shouldn't Take a Lifetime.