What is the $100k H-1B Fee?
In September of 2025, President Trump issued the “Restriction on Entry of Certain Nonimmigrant Workers” proclamation, enforcing a $100,000 fee on U.S. employers seeking to hire specialized workers using the H-1B program. Per the Proclamation, the fee applies to certain H-1B petitions filed on or after September 21, 2025 on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa. This includes H-1B petitions requesting a change-of-status, extension, and/or amendment which have been denied by USCIS and thus require consular processing.
What did the Federal Appeals Court rule?
On June 8, 2026, the Federal District Court of Massachusetts vacated President Trump’s proclamation and policies enforcing a $100,000 fee for certain H-1B visa applications. Shortly after this ruling, the government appealed the decision and requested the court to stay the district court’s decision while the appeal remained pending.
On July 24, 2026, the U.S. Court of Appeals for the First District in Massachusetts denied the request to stay the district court’s decision preventing the government from enforcing the $100,000 fee on H-1B employers. The basis for the denial is due to the government’s inability to prove that they will likely succeed on appeal.
Do employers have to pay the $100k H-1B fee?
As of now, employers do not have to pay the $100,000 fee. Please note that this is not a final decision and that the appeal remains pending.
Is this a final decision?
No, this is not a final decision. The appeal of the district court’s ruling is still pending. The $100,000 fee may return (even permanently) if the government ultimately wins appeal of the district court’s ruling. In summary, H-1B employers may have a small window where the $100,000 fee may not be required. Call (800) 929-7142 or contact us online if you have additional questions about the H-1B $100,000 fee.