Does the $100,000 Fee Apply to E-3, H-1B1, O-1, L-1 or TN? The Visas Outside Proclamation 11069

Proclamation 11069 names one visa class, the H-1B. Here is what E-3, H-1B1, O-1, L-1 and TN petitions do pay in 2026, including the $4,500 L-1 fee that is in effect.

Part of our guide to the $100,000 H-1B fee.

Does the $100k fee apply to the E-3, H-1B1, O-1, L-1 or TN? No. Proclamation 11069 restricts entry for one classification only, the H-1B under INA 101(a)(15)(H)(i)(b), and never names the other five. As of November 1, 2026, the H-1B payment itself is also not being collected, because federal courts blocked the agency policies that carry it out and the government is appealing. What these five visas do carry in 2026 is their regular USCIS filing fees and, for L-1 petitions from covered employers, a separate $4,500 9-11 fee that is in effect.

Status as of 2026-11-01

• Proclamation 11069 (signed 2026-09-18): in effect on paper, H-1B only, through 2027-09-21.
• The H-1B payment: blocked, not collected; appeal briefs due 2026-11-04 (1st Cir. No. 26-1699) and 2026-11-06 (9th Cir. No. 26-6667). Check both dockets after 2026-11-06.
• L-1 9-11 fee ($4,500, covered employers): in effect, petitions postmarked 2026-09-09 through 2027-09-30.
• Ending the 60-day worker grace period (reaches all five visas): proposed; comments close 2026-11-10.

Does the $100k fee apply to E-3, H-1B1, O-1, L-1 or TN?

No. Proclamation 11069, signed September 18, 2026 and running until September 21, 2027, restricts entry only for H-1B specialty-occupation workers under INA 101(a)(15)(H)(i)(b). It does not mention the E-3, H-1B1, O-1, L-1 or TN. As of November 1, 2026, even the H-1B payment is not collected, because courts blocked the agency policies implementing it.

The scope comes straight from the text. The proclamation, published at 91 FR 60497 on govinfo.gov, restricts the entry of workers coming "to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA." That citation is the H-1B and nothing else. The H-1B1 is subclause (H)(i)(b1), the E-3, O-1 and L-1 sit in subparagraphs (E), (O) and (L), and the TN comes from the USMCA and 8 CFR 214.6. The proclamation names none of them.

None of these is a way around the H-1B. Each is a separate classification with its own eligibility test: you either meet that visa's requirements or you do not.

Why does the USCIS fee schedule still show a $100,000 line?

The USCIS fee schedule, Form G-1055, edition 10/26/26, still prints a line for the proclamation payment. That line describes the H-1B payment, not a charge for any other classification, and USCIS notes the court vacatur on its G-1055 and I-129 pages. A fee-schedule line is not evidence of collection.

The visa-by-visa answer (as of 2026-11)

Proclamation 11069 coverage and other 2026 government fees, as of 2026-11. Fees are paper / online, from G-1055 edition 10/26/26.

Every I-129 here also carries the Asylum Program Fee ($600 regular petitioner, $300 small employer, $0 nonprofit), and premium processing (Form I-907) is $2,965 for most I-129 classes. Check the G-1055 PDF for your exact petition. For the E-3, H-1B1 and TN, the USCIS I-129 page lists the form for a change of status or an extension of stay inside the US; a first visa obtained abroad goes through the State Department instead.

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

No. As of November 1, 2026, the payment is not collected. Courts have blocked the agency policies that implement it, but neither court set aside the proclamation itself, which stays in effect on paper.

The USCIS I-129 page (updated 2026-10-30) says that on June 8, 2026 the federal court in Massachusetts, in State of California v. Mullin, "vacated agency guidance implementing the $100,000 payment requirement for certain H-1B petitions," and adds: "If this order is later lifted, DHS still plans to collect the payment." On 2026-09-30 a second court, in Global Nurse Force v. Trump, ordered that "The Agency Policies are VACATED and REMANDED" (order on CourtListener).

Both rulings are on appeal. The states' brief in Mullin (1st Cir. No. 26-1699) is due 2026-11-04 (docket); in Global Nurse Force (9th Cir. No. 26-6667) the government's opening brief is due 2026-11-06 and the answering brief 2026-12-04 (schedule). A brief is not a ruling. For collection as it develops, see our status check on whether the $100,000 H-1B fee is still in effect and the court-by-court timeline of the H-1B fee lawsuits.

What if you switch from one of these visas to H-1B later?

Then the H-1B petition is the thing to watch. USCIS's H-1B page (last updated 2026-09-21, before the court orders) says the payment would not apply to a change of status, amendment or extension that USCIS grants inside the US, but would apply to a consular-notification petition or a change of status USCIS finds the person ineligible for. That matters only if collection resumes; ask your employer's immigration attorney at filing time.

Does the $100,000 fee apply to O-1 visas?

No. The O-1 is not named in Proclamation 11069, and the O-1 petition pays its own I-129 O fee: $1,055 on paper or $1,005 online ($530 for a small employer or nonprofit), plus the Asylum Program Fee. The O-1 has no annual cap and no lottery.

The real cost of an O-1 is the evidence. USCIS's main guidance is policy alert PA-2025-02 (2025-01-08), which covers beneficiary-owned petitioners, critical and emerging technology, and letters from US government agencies. Since 2026-10-07, O-1A, O-1B and O-2 petitions can be filed through USCIS's online PDF-upload option.

The data show the trade-off. In USCIS's I-129 quarterly data for FY2026 Q1-Q3 (approvals divided by approvals plus denials, initial and extension petitions combined), O petitions were approved 91.0% of the time with a 24.2% RFE rate, against 97.0% and 8.5% for H-1B. All of that data predates PA-2026-05, the policy in effect since 2026-08-05 (and challenged in AAUP v. Mullin) that lets USCIS deny without first sending an RFE or a notice of intent to deny.

Do L-1 petitions pay the $100k fee?

No proclamation payment applies to the L-1. But L-1 petitions from covered employers owe a different charge in 2026: the $4,500 9-11 Response and Biometric Entry-Exit fee, which is in effect.

Under USCIS policy alert PA-2026-16 (2026-10-27), the underlying law (Pub. L. 114-113) and a DHS final rule effective 2026-09-09, a covered employer has 50 or more US employees, more than 50% of them in H-1B or L-1 status (part-time employees counted). The fee applies to L-1 petitions including extensions, postmarked 2026-09-09 through 2027-09-30; amended petitions that do not seek an extension are exempt. Our guide to the L-1 extension fee for covered employers walks through the test.

A worked example. Say a large covered employer files a new L-1B petition on paper on 2026-12-01 for an engineer with 18 months at its office abroad. From the G-1055 (edition 10/26/26): the I-129 L fee is $1,385, the Asylum Program Fee for a regular petitioner is $600, and a petition for a new L beneficiary owes the $500 Fraud Prevention and Detection fee. The filing falls inside the 9-11 window, so $4,500 is added: $6,985 in USCIS fees, or $9,950 with premium processing at $2,965. If the same employer's H-1B and L-1 workers were well under half of its US staff, it would not be a covered employer and the total would be $2,485 before premium processing. No proclamation payment applies in either case.

L-1 eligibility is the real gate. You need one continuous year with a related company abroad within the prior three years, so the L-1 is rarely a path straight from OPT. L-1A managers and executives can stay up to 7 years, L-1B specialized-knowledge workers up to 5, and a new-office L-1A starts with one year (USCIS L-1A page). In FY2026 Q1-Q3, USCIS approved 91.2% of L-1A petitions (RFE rate 25.9%) and 91.3% of L-1B petitions (29.4%).

Is the H-1B1 for Singapore and Chile covered by the proclamation?

No. The H-1B1 is its own classification, created by the free trade agreements with Chile and Singapore and codified at INA 101(a)(15)(H)(i)(b1). The proclamation names subclause (b) only, the H-1B.

The fee schedule treats the two separately. An H-1B1 petition pays the H-1B base I-129 fee, $780 on paper or $730 online, plus the ACWIA and Asylum Program fees, but the G-1055 exempts it from the $500 fraud fee and from the 9-11 fee. Annual limits are widely reported as 1,400 for Chile and 5,400 for Singapore, with stays granted in one-year increments; confirm current figures with the State Department or your attorney before relying on them. The H-1B1 is not on USCIS's online PDF-upload list. Our H-1B1 guide for Chile and Singapore covers the application itself.

What about the E-3 and the TN?

Neither is covered by the proclamation. Both are tied to your citizenship, and neither uses the H-1B lottery.

E-3 for Australians

USCIS's E-3 page describes two-year stays with extensions available indefinitely "with some exceptions." A certified Labor Condition Application is required, spouses can work incident to status, and since 2026-10-07 USCIS-filed E-3 petitions can use online PDF upload. A bill to add Irish nationals, H.R. 1337, is introduced and referred only. The E-3 guide for Australians has the full process.

TN for Canadians and Mexicans

The USMCA was "not renewed" at the 2026-07-01 joint review but "remains in force," according to the USTR statement. TN eligibility, professions, procedure and fees are unchanged. Under 8 CFR 214.6, TN admission is for up to 3 years, extensions are up to 3 years, and there is "no specific limit on the total period." USCIS-filed TN petitions are premium-eligible (15 business days, $2,965), and USCIS approved 94.9% of them in FY2026 Q1-Q3 (RFE rate 13.0%, USCIS-filed cases only).

What did change in 2026 for these five visas?

Not the $100k payment. But three other items reach every one of them.

• Ending the 60-day grace period (proposed). The grace-period NPRM (RIN 1615-AD22, about 27,000 comments as of 2026-11-01) would remove 8 CFR 214.1(l)(2) for these workers and their dependents. That would leave only the window of up to 10 days after the validity period, which runs from the petition's end date, not from a layoff. The current 60 days still apply.
• Removing deference on extensions (proposed). The deference NPRM (RIN 1615-AD26, about 400 comments) would delete 8 CFR 214.1(c)(5) for all I-129 extensions. Current deference still applies.
• New I-129 edition (scheduled). From 2026-11-09, USCIS accepts only the 09/09/26 edition, and old filing addresses only if postmarked on or before that date.

When a comment period closes, the proposal is still only a proposal; any final rule would be published separately.

Dates to watch, as of 2026-11

What this means if you are on F-1 OPT or STEM OPT

OPT is not H-1B, and none of these alternatives is H-1B either, so the proclamation's text reaches none of them. The practical issue is timing. The cap-gap extension covers a timely, cap-subject H-1B change-of-status petition; even a cap-exempt H-1B gets none, as our explainer on cap-gap and cap-exempt H-1B petitions shows. So do not assume anything bridges the time between your EAD end date and the start of an E-3, H-1B1, TN, O-1 or L-1. If your EAD end date is close, raise it with your DSO before your employer files, and leave the choice of classification to a licensed immigration attorney. Our overview of work visa options if you weren't picked in the H-1B lottery compares the paths side by side.

How to check what applies to your petition

1. Confirm your classification on your I-797 approval notice and your latest I-94 record. If it reads H-1B1, E-3, L-1A, L-1B, O-1 or TN, the proclamation's text does not reach it.
2. Read every G-1055 line for your classification, including the Asylum Program and fraud fees.
3. Ask HR or immigration counsel whether the company is a covered employer for the 9-11 fee (L-1 and H-1B only).
4. Check the USCIS I-129 page for the edition (only 09/09/26 from 2026-11-09) and the latest note on the H-1B payment.
5. Recheck both appeal dockets after 2026-11-06 if a later move to H-1B is in your plans.
6. Take classification decisions to a licensed immigration attorney, and anything tied to F-1, OPT, STEM OPT or SEVIS to your DSO.

Common mistakes

• "Cap-exempt means exempt from the $100,000." A cap-exempt employer still files an H-1B, and the proclamation covers the H-1B classification, not the cap. The Congressional Research Service reported on 2026-10-14 that initial consular H-1B petitions from cap-exempt employers fell 91% in the fee's first eight months.
• "The H-1B1 is just an H-1B for Singaporeans and Chileans, so it is covered." It is a separate subclause, (H)(i)(b1), with its own fee treatment, and the proclamation names (b) only.
• "The courts threw out the proclamation." Courts blocked the agency policies. The proclamation stands on paper until 2027-09-21, and DHS says it still plans to collect if the order is lifted.
• "L-1 is the cheap option." Covered employers owe $4,500 per L-1 petition, extensions included, through 2027-09-30, on top of a base fee higher than the H-1B's.
• "TN must be renewed every year" or "USMCA expired." TN admission is up to 3 years, and the USMCA remains in force although it was not renewed.

Frequently asked questions

Does the $100,000 H-1B fee apply to O-1 visas?

No. Proclamation 11069 (2026-09-18 to 2027-09-21) covers only H-1B workers under INA 101(a)(15)(H)(i)(b) and never names the O-1. An O-1 petition pays the I-129 O fee, $1,055 on paper or $1,005 online, plus the Asylum Program Fee ($600 for a regular petitioner). As of November 1, 2026 the H-1B payment itself is not collected.

Do L-1 petitions pay the $100k fee?

No. But covered employers (50 or more US employees, more than half in H-1B or L-1 status) owe a separate $4,500 9-11 fee on L-1 petitions, extensions included, postmarked 2026-09-09 through 2027-09-30. That fee is in effect; USCIS confirmed it for extensions in PA-2026-16 on 2026-10-27.

Is the H-1B1 for Singapore and Chile covered by the proclamation?

No. The proclamation names only (H)(i)(b), the H-1B; the H-1B1 is a separate classification under (H)(i)(b1). It pays the H-1B base I-129 fee ($780 paper, $730 online) plus the ACWIA and Asylum Program fees, but the G-1055 (edition 10/26/26) exempts it from the $500 fraud fee and the 9-11 fee.

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

No, not as of November 1, 2026. Courts have vacated the agency policies implementing it, first in California v. Mullin (D. Mass., now 1st Cir. No. 26-1699) and then in Global Nurse Force (N.D. Cal., order of 2026-09-30, now 9th Cir. No. 26-6667). The proclamation stays in effect on paper until 2027-09-21, and USCIS says DHS still plans to collect if the Mullin order is lifted.

Which work visas avoid both the H-1B lottery and the $100k fee?

None of the E-3, H-1B1, O-1, L-1 or TN is covered by Proclamation 11069 or uses the H-1B lottery. The O-1, L-1 and TN have no annual cap; the E-3 and H-1B1 have annual numerical limits but no lottery. Each has a strict eligibility test, so ask a licensed immigration attorney which, if any, fits you.

Sources

• Proclamation 11069, 91 FR 60497 (govinfo.gov)
• USCIS, Form I-129 page (edition and payment notes)
• USCIS, Form G-1055 fee schedule and G-1055 PDF, edition 10/26/26
• USCIS, H-1B specialty occupations page (2026-09-21)
• USCIS policy alert PA-2026-16, L-1 fees (2026-10-27)
• USCIS policy alert PA-2025-02, O-1 evidence (2025-01-08)
• USCIS, E-3 specialty occupation workers from Australia
• USCIS, L-1A intracompany transferee executive or manager
• USCIS, I-129 categories available by PDF upload
• USCIS, I-129 quarterly approval and RFE data, FY2026 Q3
• Global Nurse Force v. Trump, order of 2026-09-30 and Ninth Circuit schedule
• California v. Mullin docket
• Federal Register, grace-period NPRM and deference NPRM
• USTR, USMCA joint review statement
• CRS Insight IN12747 (2026-10-14)

How we checked this: on 2026-11-01 we read the proclamation text on govinfo.gov; the USCIS I-129, G-1055 (including the 10/26/26 PDF), H-1B, E-3 and L-1A pages; PA-2026-16; the Global Nurse Force order and Ninth Circuit schedule; and the Federal Register records for both proposals. We added the fee lines ourselves from the G-1055; your petition's total depends on facts only your employer's counsel can confirm.

This is general information, not legal or tax advice. Your own I-797, I-94 and your employer's immigration counsel govern, and your DSO for anything F-1, OPT or STEM OPT.

If you are on OPT or STEM OPT and weighing employers that sponsor the H-1B or one of these alternatives, F1Jobs can help you run a focused, visa-aware job search.