The $100,000 H-1B fee is not being charged right now. On 24 July 2026, the federal appeals court in Boston refused the government’s request to put a lower-court ruling on hold, leaving that ruling — which struck the fee down — in force.
In practical terms, U.S. Citizenship and Immigration Services (USCIS) is barred from assessing the $100,000 payment on H-1B petitions. The appeal itself has not been decided, so the position can still change.
- The $100,000 payment is not being collected as of 27 July 2026.
- A Massachusetts federal court struck the fee down on 8 June 2026, calling it a tax Congress never authorised.
- The 24 July appeals-court order was about pausing that ruling — it is not the final decision on the appeal.
- The fee never applied to most people already in the United States, including extensions and change-of-employer petitions.
Is the $100,000 H-1B fee being charged right now?
No. As of 27 July 2026 the fee is not in effect anywhere in the United States, and USCIS cannot assess it on H-1B petitions.
The fee was briefly collectible again between 12 June and 24 July 2026, while the district court’s own ruling sat under a temporary pause. That pause has now lapsed.
- 19 September 2025 — the fee is announcedA presidential proclamation set a $100,000 payment condition for covered new H-1B petitions, effective 21 September 2025 at 12:01 a.m. EDT.
- 8 June 2026 — a court strikes it downA federal judge in Massachusetts ruled the payment was an unlawful tax and vacated the policy that put it into practice.
- 24 July 2026 — the fee stays blockedThe First Circuit appeals court refused to pause the June ruling, saying the government had not shown it was likely to win its appeal.
Why the fee was struck down
The court’s core finding was that the $100,000 payment was a tax, and only Congress can impose one. Judge Leo Sorokin ruled on 8 June 2026 that the administration had gone beyond its legal authority, in a case brought by 20 Democratic-led state attorneys general.
Who the fee applied to and who it never did
Even when it was in force, the fee only ever applied to new H-1B petitions for workers who were outside the United States. Standard H-1B government filing fees run to a few thousand dollars by comparison.
USCIS guidance confirmed the $100,000 payment was not required for:
- extensions of stay in H-1B status
- amended H-1B petitions
- change-of-employer petitions where the worker stays in the United States
- a change of status to H-1B for someone already in the United States
- later international travel or visa applications by people whose extension, amendment or change of status was approved
The one catch: if a worker was not eligible for one of those in-country routes, the payment condition could still apply to their petition.
What could change next
Three things could shift the picture again, so this is worth re-checking rather than treating as settled.
- The First Circuit has not yet ruled on the appeal itself, only on the request to pause the lower-court order.
- The government could ask the Supreme Court to intervene if it loses the appeal.
- The proclamation carries its own expiry date: under its terms the restriction lapses 12 months after 21 September 2025 — so around 21 September 2026 — unless it is extended or replaced by a formal regulation.
If your employer already paid
No refund process has been announced. Employers who paid while the fee was enforceable may have refund options if the ruling ultimately stands, but the court did not decide that question — an immigration lawyer is the right person to ask.
What to check before you file or travel
Go to the primary sources rather than a headline, because agency pages and court orders in this case have moved quickly.
- USCIS: its newsroom and H-1B FAQ carry the current filing instructions.
- State Department: its notice on this proclamation is still dated 21 September 2025 and does not reflect either court ruling.
- Your own situation: the petition type, filing date and where the worker is physically located all change the answer.
Frequently Asked Questions
Do I have to pay the $100,000 H-1B fee?
Not as of 27 July 2026. The fee has been struck down and USCIS cannot assess it while the court ruling stands, though the appeal is still live.
Did the 24 July ruling end the case for good?
No. The appeals court only refused to pause the lower-court decision; it has not yet ruled on the appeal, and the government could still take the case further.
Did the fee ever apply to H-1B workers already in the US?
Generally no. USCIS guidance exempted extensions, amendments, change-of-employer petitions and change-of-status requests for people physically in the United States.
Can employers get their $100,000 back?
Unclear. No refund mechanism has been announced and the court did not rule on refunds, so employers who paid should take legal advice.
Sources
- The White House — Restriction on Entry of Certain Nonimmigrant Workers (19 September 2025 proclamation)
- U.S. Department of State — Restriction on Entry of Certain Nonimmigrant Workers implementation notice
- U.S. District Court for the District of Massachusetts — State of California v. Mullin, memorandum and order (8 June 2026)
- U.S. Court of Appeals for the First Circuit — State of California v. Mullin, No. 26-1699 order (24 July 2026)
- USCIS — H-1B FAQ on the $100,000 payment requirement
- Fragomen — Federal Appeals Court Declines to Stay Lower Court Order Vacating $100,000 H-1B Fee
- Fragomen — District Court Temporarily Stays Order Vacating $100,000 H-1B Fee
- Reuters via U.S. News — Appeals Court Rejects Trump Bid to Halt $100,000 H-1B Visa Fee Ruling
- Forbes — Immigration Ruling Strikes Down $100,000 H-1B Fee. What’s Next?
- American Immigration Council — USCIS Implements the H-1B Proclamation $100,000 Fee
Disclaimer: We’ve worked hard to make sure the information in this article is as accurate and up to date as possible at the time of publishing. Travel details such as prices, schedules, visa rules, and entry requirements can change at short notice, so it remains your responsibility to verify the current details with official sources before you book or travel. Wego accepts no liability for any loss or inconvenience arising from the use of this content.
