Explainer · current as of July 24, 2026

The $100,000 H-1B fee: current court status, scope, and exemptions

The September 19, 2025 presidential proclamation attached a $100,000 payment to certain new H-1B petitions. Litigation has since made the policy's current status as important as its announced scope: the fee is in dispute, and a temporary stay means it may still be required while the appeal proceeds.

Status on July 24, 2026: On June 8, the U.S. District Court for the District of Massachusetts vacated the policy implementing the payment requirement. The court later temporarily stayed that vacatur while the government pursued its First Circuit appeal, so the fee remains in effect in the meantime. The First Circuit had not resolved whether to extend the pause through the full appeal as of this update. See the June 12 stay summary and the July 17 litigation update. This is a disputed, pending-appeal policy — not a final judicial outcome.

1. Current court status. The June 8 order vacated the implementing policy, but a later temporary stay paused that result. The fee remains in effect for now while the appeal is pending.
2. Original effective date. The policy announced that it applied to qualifying petitions filed on or after September 21, 2025.
3. Announced target. Certain new H-1B petitions for beneficiaries outside the United States. It is a one-time payment tied to the petition, not an annual charge.
4. Announced exclusions. Per USCIS guidance, most beneficiaries already in the US changing status — including most F-1 students — are outside the payment requirement, as are qualifying extensions, amendments, and transfers for existing H-1B holders.
5. Scheduled expiry. The proclamation set a 12-month period ending in September 2026 unless extended. The appeal or another court order could change the operative status sooner.
6. What the data can show. DOL filings continued — 199,471 certified H-1B LCAs in Oct 2025–Mar 2026 with a median offered base of $130,000. A comparison with the prior-year window can reveal temporal shifts, but it cannot prove that the fee caused them.

Background sources: the American Immigration Council analysis of the proclamation and the USCIS October 2025 clarification (BakerHostetler summary). Informational only, not legal advice — confirm your case and the latest operative guidance with an immigration attorney.

• Already in the US (F-1, H-1B transfer)?Your petition may fall outside the policy's announced payment requirement, but status, requested action, and adjudication details matter. Confirm the case-specific treatment before relying on an exclusion.
• Abroad? Ask whether the employer will file a petition requiring consular notification under the current policy and who would pay if the fee is required. Their recent filing record adds context: request a brief and we include it.
• Negotiating?Do not assume the disputed fee changes your salary, wage level, or employer's filing decision. Ask for the sponsorship plan in writing and review your weighted-lottery wage level separately.