USCIS stopped collecting the $100,000 H-1B fee after the U.S. District Court for the District of Massachusetts struck down the policy. As of September 2, 2026, employers do not need to pay the $100,000 fee with affected H-1B petitions.
The federal government appealed the ruling and asked the U.S. Court of Appeals for the First Circuit to keep the fee in place during the appeal. The First Circuit, a federal appeals court, denied the request on July 24, 2026.
The court battle is still ongoing, and a later court decision could change the fee requirement again.
Latest H-1B Fee Developments in 2026
The latest H-1B fee update 2026 centers on State of California v. Mullin, a case in which 20 states challenged the federal government’s authority to require the $100,000 payment.
June 8, 2026: Massachusetts Federal Court Strikes Down the Fee
On June 8, 2026, the U.S. District Court for the District of Massachusetts struck down the policy used to collect the fee. The court vacated the policy, setting the government action aside after finding that federal agencies had gone beyond their legal authority when they implemented the payment requirement.
The H-1B visa fee court ruling stopped USCIS from collecting the $100,000 payment. With the H-1B $100k fee vacated, USCIS lost the legal basis to collect the additional payment while the ruling remains in effect. The federal government then appealed the decision.
Temporary Return of the $100,000 Fee
After filing the appeal, the federal government asked the courts for a stay that would keep the $100,000 fee in place while the appeal continued.
The Massachusetts court briefly paused its June 8 ruling while the U.S. Court of Appeals for the First Circuit reviewed the request. USCIS could collect the fee again during the temporary pause.
July 24, 2026: First Circuit Denies the Government’s Request
On July 24, 2026, the U.S. Court of Appeals for the First Circuit denied the government’s request to keep the fee in place during the appeal.
The First Circuit reviews decisions from the Massachusetts federal district court and other federal district courts within its region. The First Circuit H-1B fee decision allowed the Massachusetts ruling to take effect again.
The First Circuit did not decide the full appeal. The court only rejected the government’s request to continue collecting the fee while the appeal moves forward. USCIS then stopped collecting the $100,000 payment.
Status of the $100,000 H-1B Fee
Under the current court ruling, employers no longer need to pay the $100,000 H-1B fee for affected petitions. Regular H-1B filing fees still apply under the current USCIS fee schedule. Employers and applicants should check current USCIS guidance before filing.
Court Appeal and Proclamation Expiration
The legal dispute remains active. The federal government continues to appeal the Massachusetts ruling. USCIS cannot collect the $100,000 fee nationwide while the ruling remains in effect.
A separate case, Chamber of Commerce v. DHS, reached the opposite result. A federal court in Washington, D.C. upheld the fee, and the Chamber appealed. The D.C. ruling does not create a separate payment rule for employers in Washington, D.C.; the Massachusetts ruling still prevents USCIS from collecting the fee nationwide.
The September 19, 2025 proclamation is scheduled to expire around September 21, 2026 unless extended. The latest development is a separate DHS proposal for a $103,265 fee on certain cap-subject H-1B petitions. The proposed fee is not yet in effect and follows a different legal process from the $100,000 fee.
Background on the $100,000 H-1B Fee
The September 19, 2025 proclamation introduced a $100,000 payment for certain H-1B petitions. The policy added a major cost for affected employers while leaving several types of H-1B filings outside the requirement.
Who the Fee Applied To
The fee applied to certain new H-1B petitions for beneficiaries outside the United States, including cases that required visa processing through a U.S. embassy or consulate. The H-1B consular processing fee was charged in addition to regular filing costs for affected petitions.
The H-1B fee exemptions covered qualifying changes of status, extensions, and amendments for beneficiaries in the United States. Valid H-1B visa holders could re-enter the U.S. without paying the fee. Qualifying transfers and concurrent-employment petitions could remain exempt under federal guidance.
An approved F-1-to-H-1B change of status completed inside the United States was exempt from the fee under the H-1B fee change-of-status exemption.
Why the Fee Faced Legal Challenges
The fee drew legal challenges over the federal government’s authority to impose the payment through a presidential proclamation. The U.S. Chamber of Commerce argued that the executive branch lacked authority to require the payment without further action by Congress.
The high cost raised concerns for employers sponsoring foreign workers and for H-1B applicants facing consular processing. The legal challenges led to conflicting court rulings and ongoing appeals.
H-1B Fee Guidance for Current Filings
The latest First Circuit ruling keeps the $100,000 fee blocked while the federal government’s appeal continues. H-1B filing requirements still depend on the petition and the applicant’s circumstances.
- Regular H-1B filing fees still apply.
- Employers should review the latest USCIS fee schedule before filing.
- Consular processing, change of status, extensions, and amendments may follow different requirements.
- The fee dispute remains under appeal and could change again.
- Consult a licensed immigration attorney for questions about a specific case; Immihelp only provides general information and does not provide legal advice.
Frequently Asked Questions
Do I have to pay the $100,000 H-1B fee?
No, following the First Circuit’s July 24, 2026 decision, employers do not need to pay the additional $100,000 fee with affected H-1B petitions. Regular USCIS filing fees still apply, and employers should use the current fee schedule when preparing a petition.
Is the H-1B fee still in effect?
No, the H-1B $100k fee vacated ruling from June 8, 2026 remains in effect, and USCIS cannot require the additional payment while the federal government appeals the decision. Regular H-1B filing fees still apply.
Who is exempt from the H-1B fee?
The H-1B fee exemptions included qualifying changes of status, extensions, and amendments for beneficiaries in the United States. Valid H-1B visa holders could re-enter the U.S. without paying the fee, and qualifying transfers or concurrent-employment petitions could remain exempt under federal guidance. An approved F-1-to-H-1B change of status completed inside the U.S. was exempt under the H-1B fee change-of-status exemption.
Does the $100,000 fee apply to H-1B consular processing?
The original fee applied to certain H-1B petitions for beneficiaries outside the United States, including affected consular processing cases. Following the First Circuit’s July 24, 2026 decision, employers do not need to pay the additional fee with affected petitions.
Will the $100,000 H-1B fee come back?
The fee could return if a later court ruling changes the current order. The First Circuit’s July 24, 2026 decision kept the fee blocked during the federal government’s appeal but did not resolve the full case. The proclamation is scheduled to expire around September 21, 2026, unless extended.
The ongoing H-1B fee dispute may affect filing, travel, and arrival plans for workers and their families. New arrivals and visiting family members may want temporary medical coverage if employer-sponsored insurance has not started or does not cover visitors. Review visitor insurance plans that cover eligible medical expenses during a stay in the U.S.
