As of October 14, 2026, the $100,000 H-1B fee isn’t being enforced. That gives employers room to move forward with qualifying petitions without treating the payment as a current filing requirement, but the underlying dispute hasn’t permanently disappeared, and the legal landscape can shift again.
Employment-based immigration decisions often turn on details that are easy to overlook: where the beneficiary is located, whether a petition requests consular processing or change of status, and whether travel is expected after approval. Our team at The Modi Law Firm, PLLC helps employers assess those facts individually. Attorney Susham Modi’s background as a former Harvard Attorney Advocate and University of Houston Law Professor informs the careful, client-centered guidance we provide in complicated immigration matters.
What Happened to the $100,000 H-1B Fee
The payment originated in a September 19, 2025 Presidential Proclamation, which took effect two days later. Under the original policy, certain employers seeking new H-1B employment for workers outside the United States had to submit a $100,000 payment tied to both the petition and the worker’s admission process.
The policy quickly became the subject of federal litigation. On June 8, 2026, a federal district court in Massachusetts vacated the fee in State of California v. Mullin. A July 24, 2026 First Circuit decision left the payment out of active collection. Then a September 30, 2026 ruling in Global Nurse Force v. Trump from the Northern District of California added another layer of protection, vacating agency implementation policies tied to the payment and prohibiting enforcement. Together, these decisions mean the $100,000 requirement isn’t currently being collected, though the Presidential Proclamation remains, and ongoing litigation can still shape future agency action.
What the Court Hold Means for Employers Now
The current hold means employers generally shouldn’t treat the $100,000 payment as an active filing cost. It doesn’t create a new H-1B category, remove normal eligibility standards, or mean that U.S. Citizenship and Immigration Services will approve a petition.
Ordinary H-1B filing fees still apply, as do the rules governing specialty occupation eligibility, meaning a position that normally requires at least a bachelor’s degree in a directly related field, along with Labor Condition Application obligations and other employer compliance requirements.
The hold could be affected by an appeal, a new court order, formal Department of Homeland Security rulemaking, or revised agency instructions. Employers should treat this as a pause in enforcement, not a permanent elimination of immigration-related cost risk.
Which H-1B Cases Were Most Affected
The original payment targeted new H-1B cases involving beneficiaries outside the United States, cases that typically required consular processing, where a worker applies for an H-1B visa at a U.S. embassy or consulate before traveling to begin employment. That made overseas hires different from petitions filed for workers already in the country, where extensions, amendments, and change of status filings raised different questions depending on the worker’s current status, requested action, and travel plans.
Before filing, employers should document the facts that shape the analysis:
- Beneficiary Location: Confirm whether the worker is inside or outside the United States when the petition is prepared and filed.
- Requested Action: Identify whether the petition seeks consular processing, change of status, an extension, an amendment, or a change of employer.
- Current Immigration Status: Review the worker’s current status, prior H-1B history, and any pending immigration filings.
- Travel Expectations: Consider whether international travel could require visa stamping or consular processing after the petition is approved.
What Employers Should Do Before Filing
Older articles, screenshots, and internal checklists may reflect a version of the policy that’s no longer in force. HR teams and in-house counsel should review current U.S. Citizenship and Immigration Services instructions for each filing rather than assuming a prior payment practice still controls. That case-by-case review matters most when business timing is tight. A worker needed for a project launch can present different practical considerations than an employee seeking an extension of existing H-1B status, even when both cases involve the same job title and employer.
Employers can also evaluate petition timing against operational needs without assuming the court hold resolves every immigration question. The analysis may include whether to pursue change of status, how likely consular processing is, how long a position can remain open, and whether another lawful immigration path fits the employee’s qualifications and circumstances.
Because every case is different, employers should also consider, case by case, whether premium processing is available and worthwhile. Where a petition is eligible, premium processing carries an additional government fee, and it speeds up the agency’s review timeline without guaranteeing approval. Given how quickly the H-1B landscape is changing, a faster decision can help employers plan around project launches, start dates, and any new developments.
Records to preserve:
- Petition Materials: Keep complete copies of the H-1B petition, supporting evidence, Labor Condition Application, and filing receipts.
- Payment Evidence: Retain payment confirmations, transaction records, exception requests, and related correspondence.
- Status Documentation: Preserve passport records, I-94 admission records, prior approval notices, and visa documentation.
- Travel History: Maintain records showing relevant travel dates and the beneficiary’s location when the petition was filed.
- Agency Communications: Save requests for evidence, notices, agency correspondence, and updates concerning the filing process.
What Employers That Already Paid Should Know
Employers that made a $100,000 payment should keep complete records connecting that payment to the specific petition and beneficiary, including proof of payment, the filing date, the petition receipt number, any agency directions received, and correspondence about exemption or exception requests. The existing court rulings don’t establish an automatic refund process or a reimbursement deadline, so employers shouldn’t assume repayment will follow simply because enforcement is currently blocked. Instructions affecting previously paid cases could come from U.S. Citizenship and Immigration Services, the Department of Homeland Security, the courts, or an appellate decision. A complete file makes it easier to respond if a process becomes available.
Could Another H-1B Fee Replace It?
Employers should also distinguish the blocked payment from a reported proposed $103,265 Department of Homeland Security H-1B filing fee. That proposed fee isn’t the same as the $100,000 payment created under the Presidential Proclamation. It would follow its own legal and administrative path, including potential notice-and-comment rulemaking and possible separate legal challenges. A proposed fee isn’t a final rule. Cost planning should account for more than one number: petition type, workforce needs, the beneficiary’s location, expected consular processing, and possible regulatory changes can all affect an employer’s immigration budget and hiring timeline.
How to Approach H-1B Filing Decisions Right Now
The current hold gives employers a meaningful but potentially temporary opening. Confirm the filing rules in effect when the petition is prepared, preserve every relevant record, and evaluate the beneficiary’s specific facts before making a timing decision.
For individualized guidance on employment immigration matters, our team at The Modi Law Firm, PLLC can help employers evaluate petition strategy and changing H-1B requirements. To discuss a particular filing, contact our team at (832) 514-4030.