The $100,000 H-1B Fee: Canada, UK and Germany Compared

Imagine you are a data engineer in Hyderabad. A company in Texas wants to hire you. Then the recruiter goes quiet. "Legal is reviewing the new H-1B fee," she writes. Your friend, already in Seattle on a student visa, is not worried at all. Why is the same rule a wall for you and a footnote for him? And if the US door stays half closed, where else can your skills take you?

The short answer: As of November 2026, a US presidential proclamation still says certain new H-1B petitions need a $100,000 payment, and it was extended to 21 September 2027. But a federal court vacated USCIS's guidance on the fee on 8 June 2026, an appeals court refused to pause that ruling on 24 July 2026, and USCIS says it is complying while the case continues (USCIS H-1B FAQ; White House). The fee mainly targets people outside the US. If you want a plan that does not depend on a court case, Canada gives permanent residence directly through Express Entry, the UK has employer-sponsored and talent visas, and Germany's EU Blue Card can lead to settlement in 21 months.

Where the $100,000 fee stands in November 2026

The rule has moved fast. Here is the timeline from official sources.

So the fee is on paper, blocked in practice for now, and could come back with little notice. That is hard to plan a life around.

Who the fee applies to, and who it does not

USCIS says the fee applies to new petitions filed from 21 September 2025 for people outside the US without a valid H-1B visa, or petitions that ask for consular or port-of-entry notification. It does not apply to (USCIS):

• H-1B visas already issued, or petitions filed before 21 September 2025
• a change of status inside the US that is granted, for example F-1 student to H-1B
• extensions or amendments for people already in the US on H-1B
• travel in and out of the US on a current H-1B visa

That explains our story. Your friend in Seattle can change status inside the US. You, in Hyderabad, need consular processing, which is exactly what the fee targets. If a change of status is refused, for example because the person left the US, the fee can apply.

Three alternatives at a glance

All figures from official government sites, as of November 2026.

Sources: IRCC Express Entry; GOV.UK Skilled Worker: your job and costs; GOV.UK Global Talent; Make it in Germany: EU Blue Card and Opportunity Card.

Canada: permanent residence without a sponsor

Canada is the only one of the three where you can get permanent residence first, before you even move. You build an Express Entry profile, get a CRS score, and wait for an invitation. For the Federal Skilled Worker Program, your skilled work in India or the US counts as foreign work experience.

Be honest with yourself about the pool, though. In 2026 up to 28 October, IRCC held no general rounds. It invited people through Canadian Experience Class, French, occupation categories and provincial nominations (IRCC rounds of invitations). The STEM category had no rounds in that time, and software developers are not on its current list. We explain this in our guide to Express Entry categories in 2026.

Two things help tech workers:

• From 3 November 2026, a genuine job offer in a high-wage occupation adds 50, 70 or 100 CRS points, and no LMIA is needed. Software developers and software engineers are in the 70-point level (IRCC). See what a job offer adds now.
• Work permits first. Some employers use Canada's Global Skills Strategy, where IRCC aims to process eligible work permit applications in 2 weeks (IRCC). A year of skilled work in Canada then opens Canadian Experience Class rounds.

What about a special route for H-1B holders? Canada ran an H-1B open work permit in 2023, but it hit its cap of 10,000 applications on 17 July 2023 and is closed (IRCC). IRCC says Budget 2025 committed to "an accelerated pathway for H-1B visa holders" and lists it among priorities it is considering for 2027 (IRCC consultation page). As of November 2026, we found no such pathway open on canada.ca. Treat it as news to watch, not a plan.

Check your score in our free CRS calculator. It includes the 3 November 2026 changes.

UK: sponsored job or talent visa

The UK has three routes that fit tech workers:

• Skilled Worker visa. You need a job offer from a Home Office approved sponsor, at the higher of £41,700 or the going rate for your occupation code. The fee from outside the UK is £819 for up to 3 years or £1,618 for longer, plus the health surcharge of £1,035 a year (GOV.UK).
• Global Talent visa. For leaders or potential leaders in digital technology, research or the arts. No job offer, but you need an endorsement (or a listed prize). It costs £766, and you may settle after 3 or 5 years (GOV.UK). Read our guide to the Global Talent route without a job offer.
• High Potential Individual visa. For graduates of eligible universities in the last 5 years. It lasts 2 years (3 with a PhD), costs £880 plus a £252 qualification check, cannot be extended, and the time does not count towards settlement (GOV.UK).

The UK is a good fit if you have a sponsor or a strong track record. It is a weaker fit if you need permanent status quickly.

Germany: the Blue Card's fast track to settlement

Germany is the dark horse for many Indian tech workers.

• EU Blue Card. You need a recognised degree and a job offer paying at least €50,700 a year in 2026, or €45,934.20 in shortage occupations (which include academic STEM and ICT managers) and for graduates of the last 3 years. IT specialists with 3 years of experience in the past 7 can qualify without a degree. With B1 German, you can get a settlement permit after 21 months; with A1, after 27 months (Make it in Germany).
• Opportunity Card. A one-year job search visa. You need a recognised qualification, or 6 points plus A1 German or B2 English. You must show €1,091 a month (2026) in a blocked account. You can work part-time up to 20 hours a week while you search (Make it in Germany). Score yourself with our free Opportunity Card points calculator.

The catch is language. You can start work in English, but life, and settlement, go faster with German.

Which one fits you?

Ask yourself three questions.

1. Do you have a job offer? With a UK sponsor or a German employer, those routes can be fast. Without one, Canada's Express Entry and Germany's Opportunity Card are the ones that start without a job.
2. How much do you need permanent status? If your family needs certainty, Canada's PR from day one is a big advantage. Germany's 21 months with B1 German is the fastest of the work routes.
3. Are you already in the US? If you are on F-1 or H-1B now, the fee may not apply to your next petition. You might not need to leave at all. Speak to a US immigration attorney about your own case first.

For a wider view, compare the best countries for IT professionals and our guide to Canada vs the USA for Indian immigrants.

When to get licensed help

The US rules are in court, and the details of your own petition matter. For the US, speak to a licensed immigration attorney. For Canada, only lawyers, Quebec notaries and licensed consultants (RCICs) may give immigration advice for a fee (IRPA s.91); check any consultant on the CICC public register. In the UK, use an adviser regulated by the Immigration Advice Authority or a solicitor.

Frequently asked questions

Is the $100,000 H-1B fee still in effect in November 2026?

It is in a proclamation that was extended to 21 September 2027. But a federal court vacated USCIS's guidance on 8 June 2026, and the First Circuit refused to pause that ruling on 24 July 2026. USCIS says it is complying with the order while the case continues, and that it still plans to collect the payment if the order is lifted.

Does the $100,000 fee apply to F-1 students?

Not if they change status to H-1B inside the US and USCIS grants it. USCIS says the fee does not apply to a granted change of status, extension or amendment for someone inside the US. If the change of status is refused, for example because the person left the US, the fee can apply.

Can an H-1B holder apply for Canada PR?

Yes. You can create an Express Entry profile from the US, and your US skilled work counts as foreign work experience. Your chance of an invitation depends on your CRS score and on which rounds IRCC holds. In 2026, most invitations went to people with Canadian experience, French, a listed occupation or a provincial nomination.

Does Canada have a special visa for H-1B holders?

Not as of November 2026. The 2023 H-1B open work permit closed after 10,000 applications. IRCC says Budget 2025 committed to an accelerated pathway for H-1B holders and that it is considering it for 2027, but we found no open program on canada.ca.

Is Germany a good alternative to the H-1B for Indians?

It can be, if you have a degree that Germany recognises and can find a job paying at least €50,700, or €45,934.20 in shortage jobs. The EU Blue Card can lead to settlement after 21 months with B1 German. The Opportunity Card lets you search for a job in Germany for up to one year.

Build a plan that does not depend on one court case

The H-1B fee may be struck down, revived or replaced. You cannot control that. You can control your options. Score yourself for Canada, check whether a UK sponsor or German employer would hire for your role, and start the language test or German course that keeps the most doors open.

This article is general information, not legal advice, and it is not advice on your own case. US rules on the H-1B fee are in court and can change with little notice. Always confirm with USCIS, IRCC, GOV.UK or the German authorities, and for your own situation speak to a licensed immigration attorney, a licensed Canadian consultant (RCIC) or lawyer, or a regulated UK adviser before you act.