H-1B $100,000 Fee Update: Court Blocks Additional H-1B Fee, U.S. Employers Currently Not Required to Pay
The proposed $100,000 H-1B additional fee has been one of the most significant immigration policy developments affecting U.S. employers sponsoring foreign national employees. The proposed fee could have significantly increased H-1B sponsorship costs, impacted workforce planning, and affected how companies hire and retain international talent.
A recent court decision has provided important temporary relief for employers and H-1B beneficiaries.
On July 24, 2026, the U.S. Court of Appeals for the First Circuit denied the federal government’s emergency request to reinstate the $100,000 H-1B fee while the appeal is pending.
For U.S. employers and H-1B beneficiaries, this means that the additional $100,000 fee is currently not enforceable, and H-1B petitions may continue to be filed under the existing fee structure.
What Is the H-1B $100,000 Additional Fee?
In September 2025, the federal government announced a policy requiring certain H-1B visa applicants who seek visa issuance through U.S. consular processing to pay an additional $100,000 fee.
The announcement attracted significant attention from U.S. employers, business organizations, and immigration professionals. Many employers expressed concerns that the additional cost could substantially increase the expense of sponsoring foreign national employees and potentially affect the ability of U.S. companies to compete for global talent.
It is important to note that the proposed fee did not apply to every H-1B petition. Based on the announced policy, the fee primarily affected certain H-1B applicants requiring visa processing at a U.S. embassy or consulate abroad.
Court Blocks Enforcement of the $100,000 H-1B Fee
In June 2026, a federal district court ruled that the government lacked authority to impose such a significant immigration fee without congressional authorization. The court determined that the government exceeded its statutory authority and issued an order preventing enforcement of the policy.
The federal government subsequently appealed the decision and requested that the First Circuit allow the fee to remain effective while the appeal was pending.
On July 24, 2026, the First Circuit denied the government’s request.
As a result, the government currently cannot enforce or collect the additional $100,000 H-1B fee while the litigation continues.
What Does This Mean for H-1B Employers?
At this time, U.S. employers may continue preparing and filing H-1B petitions under the current rules. Employers do not need to delay hiring plans or suspend H-1B sponsorship because of the proposed additional fee.
Currently:
U.S. employers are not required to pay the additional $100,000 H-1B fee;
USCIS and the U.S. Department of State cannot currently collect this additional fee under the blocked policy;
Existing H-1B government filing fees remain unchanged.
The following types of H-1B petitions may continue to proceed under the current requirements:
Initial H-1B petitions;
H-1B transfers to a new employer;
H-1B extensions;
H-1B amendments;
H-1B consular processing cases.
Although the additional $100,000 fee is currently blocked, all other H-1B requirements remain unchanged. Employers must still demonstrate that:
The offered position qualifies as a Specialty Occupation;
The beneficiary’s education and experience qualify for the position;
The offered wage complies with H-1B requirements;
The employer has legitimate business operations and the ability to pay the required wage.
For companies planning to hire foreign national employees, it remains advisable to proceed with normal H-1B preparation timelines rather than delaying sponsorship due solely to this fee issue.
Has the $100,000 H-1B Fee Been Permanently Eliminated?
Not yet.
The litigation remains ongoing, and the final outcome has not been determined.
Potential future developments include:
The appellate court may uphold the current decision, permanently preventing implementation of the fee;
The government may seek additional judicial review, including possible review by the U.S. Supreme Court;
Congress may pass future legislation authorizing new immigration-related fees.
Therefore, the fee is currently blocked and not enforceable, but it has not been permanently eliminated.
How Can Our Immigration Attorneys Help U.S. Employers with H-1B Sponsorship?
H-1B policy changes can affect employer recruitment strategies, immigration costs, and foreign employee workforce planning. Even though the additional $100,000 fee is currently blocked, H-1B petitions remain subject to strict immigration requirements involving position eligibility, employee qualifications, wage compliance, and employer documentation.
Our immigration attorneys assist U.S. employers with:
Evaluating whether a position qualifies as an H-1B Specialty Occupation;
Reviewing employee qualifications and immigration eligibility;
Preparing and reviewing H-1B petition materials, including job descriptions, employer support documents, and beneficiary documentation;
Developing H-1B sponsorship strategies aligned with business goals;
Addressing H-1B policy changes and potential immigration compliance risks.
If your company is planning to hire foreign national employees or would like to understand how current H-1B policy developments may affect your workforce strategy, our immigration attorneys are available to provide guidance.
Contact our office to schedule an H-1B consultation.
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Immigration laws, regulations, and government policies may change. Because each immigration matter depends on its specific facts, employers and individuals should consult with an experienced immigration attorney regarding their particular circumstances.
