What Is The $100,000 H‑1B Fee?
In September 2025, President Trump issued a Proclamation restricting the entry of certain nonimmigrant workers, which included a $100,000 fee for H-1B filings for workers currently outside the U.S. This fee, implemented under a final rule issued by the Department of Homeland Security on February 27, 2026, is to be levied on all subject petitions, in addition to the regular filing H-1B fees, Fraud and Detection Fees, as well as any premium processing fees. USCIS has since clarified that this rule does not apply to individuals requesting an amendment, change of status, or extension of stay from within the U.S.
While the fee was proposed as a means of combatting the “systemic abuse of the [H-1B] program” which has “undermined both our economic and national security,” commenters on the final rule feared that it would likely cause investment uncertainty and risk for companies that utilize H-1B visas, thus harming U.S. companies and not helping U.S. workers.
Court Action Affecting Implementation of the $100,000 H-1B Fee Policy
Policy is Vacated – June 8, 2026
On June 8, 2026 the U.S. District Court for the District of Massachusetts vacated USCIS’s policy implementing the $100,000 H-1B fee, citing:
- a procedural violation of the notice-and-comment procedures of the Administrative Procedure Act;
- a lack of statutory authority for a payment that does not constitute an adjudication fee (as incorporated into the INA), presidentially mandated levy of a tax on the entry of noncitizens;
- arbitrary and capricious decision-making under the APA in failing to assess whether there were significant reliance interests, weighing any such interests against competing policy concerns, or contemplating any reasonable alternatives to the Policy.
Temporary Stay of June 8, 2028, Decision – June 12, 2026
On June 12, 2026, the same U.S. District Court issued a temporary stay of its own decision of June 8, 2026. Accordingly, while the stay is in effect, the H-1B Fee Policy which had previously been vacated can continue to be implemented by USCIS
What does this mean for employers?
- USCIS can continue to apply its $100,000 H-1B fee policy until either (a) the stay is lifted, or (b) a higher court or subsequent order alters the status of the policy.
- Risk of rejection or relay if fee is omitted: Filings submitted without the $100,000 fee risk rejection as improperly filed, or Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs) based on fee deficiencies.
- Potential future refunds or credits: in the event that the policy is ultimately vacated and not revived, employers may receive refunds or credits for the $100,000 fees collected during the period of implementation of the policy
Suggested Actions for Employers while awaiting the final decision on implementation of the H-1B Fee Policy
- Continue to comply with existing USCIS fee requirements, including the $100,000 fee unless and until the stay is lifted;
- Maintain a tracking system with detailed records of $100,000 fee payments,
- Consider delaying non-urgent filings while awaiting the decision on whether the vacature is ultimately in effect
- Monitor developments in the Massachusetts District Court, potential appeals in the First Circuit, and USCIS policy updates or other stakeholder messaging regarding feel collection and potential refunds.
Implications for H-1B Workers
Foreign nationals are left with significant uncertainty, and should expect that employers will take a cautious, compliance-oriented approach in budgeting for the fee while it remains in effect, while remaining hopeful that potential employers’ immigration strategies may be revisited if the stay is lifted and the vacature is reinstated.
