H-1B Fee

$100,000 H-1B Fee Blocked Again: What Employers Should Know

Maggio Kattar

The legal status of the Trump administration’s controversial $100,000 H-1B fee continues to shift

On July 24, 2026, the U.S. Court of Appeals for the First Circuit denied the government’s request to pause a lower court ruling that invalidated the fee. As a result, the district court’s June decision remains in effect while the appeal moves forward.

What This Means

For the time being:

  • Employers do not have to pay the $100,000 fee when filing covered H-1B petitions for workers applying from outside the United States.
  • USCIS and the Department of State may not enforce the fee while the district court’s order remains in effect.
  • The underlying appeal is still pending, and the administration may seek additional emergency relief, including from the U.S. Supreme Court.

Why the Court Ruled Blocked The $100,000 H-1B Fee

The First Circuit concluded that the government had not shown a sufficient likelihood of success on appeal to justify putting the district court’s ruling on hold. The district court previously determined that the $100,000 payment functioned as an unauthorized tax that Congress had not approved.

What This Currently Means To Employers

Employers planning H-1B filings that would have been subject to the $100,000 fee may proceed under the current rules.

However, because the litigation remains active and further appeals are expected, the fee may be reinstated, and it is not clear whether or how reinstatement would impact filed and pending cases with USCIS. 

Employers should continue to work closely with counsel before making long-term planning decisions. We will continue to provide updates as the case progresses.