The $100,000 H-1B fee is off the table again, at least for now. On July 24, 2026, the U.S. Court of Appeals for the First Circuit denied the government’s request to keep the fee in effect while its appeal continues, finding that the administration had not shown it was likely to succeed on the merits. That denial lets the underlying district court ruling take hold, meaning USCIS is now barred from assessing or collecting the fee on covered H-1B petitions.
This is the third turn in a case that has moved quickly since it started. Back on June 8, 2026, a federal judge in Massachusetts ruled that the fee exceeded the administration’s authority and struck it down entirely. Days later, on June 12, the same court paused its own ruling through an administrative stay so the government could seek emergency relief from the First Circuit, and the fee remained in effect on an interim basis while that request was pending. With the First Circuit’s July 24 denial, that interim period is over and the fee is blocked while the case moves forward.
It is worth being precise about what this ruling does and does not do. The government’s appeal on the merits of the case is still ongoing, and an appellate court declining to pause a lower court’s order is a different question from that same court eventually ruling on whether the fee was lawful in the first place. The Department of Justice has continued to defend the fee and can keep pressing its case. Employers should treat this as a meaningful, favorable development rather than a permanent resolution.
USCIS has since confirmed it is complying. On the evening of July 28, 2026, USCIS updated its H-1B Specialty Occupation webpage to reflect the First Circuit’s order and stated it will not collect the $100,000 fee on H-1B cases for now. That confirmation came with a notable caveat: USCIS said it is still working through next steps, and that if the order is later lifted, DHS still intends to collect the fee. The agency is complying with the current order without signaling any change of position on the merits.
There is also a broader legal landscape worth understanding. This is not the only lawsuit challenging the fee. A federal court in Washington, D.C. reached the opposite conclusion in a separate case, finding the fee lawful in a December 2025 decision that is now on appeal to the D.C. Circuit. A third case remains pending in California federal court. With one circuit-level case finding the fee unlawful and a different court upholding it, employers should expect this issue to stay unsettled for a while, and a circuit split is a real possibility depending on how the D.C. Circuit rules. Briefing on the merits of the government’s appeal in the First Circuit case is expected to conclude October 16, 2026.
There is also a separate deadline worth watching. The Presidential Proclamation that created the $100,000 fee in September 2025 is set to expire on September 19, 2026 unless the administration renews it. Given how this litigation has gone so far, renewal is not guaranteed, and that date adds another point at which the fee’s status could change independent of anything the courts decide.
For employers, the practical result right now is that H-1B petitions subject to the fee, particularly those involving beneficiaries outside the United States who require consular processing, are moving forward without the $100,000 charge attached. A number of firms are filing petitions while this window is open. Given how quickly the fee’s status has shifted over the past two months, anyone relying on its current blocked status should keep in close contact with immigration counsel as the appeal and the September proclamation deadline both continue to develop.
Frequently Asked Questions
Is the $100,000 H-1B fee currently in effect?
No. As of July 24, 2026, the First Circuit denied the government’s request to keep the fee in effect during its appeal, so USCIS is currently barred from assessing or collecting it on covered petitions.
Is this a final decision on whether the fee is legal?
No. The First Circuit only ruled on whether to pause the lower court’s order while the appeal continues. The government’s appeal on the underlying legality of the fee is still pending.
Why did the fee go back into effect briefly in June?
After the district court struck down the fee on June 8, it issued its own temporary administrative stay on June 12 so the government could seek emergency relief from the First Circuit, which kept the fee in place on an interim basis until the appellate court ruled.
What is the September 19, 2026 deadline about?
The original Presidential Proclamation that created the fee in September 2025 needs to be renewed by that date to continue past it. Given the litigation so far, renewal is not guaranteed.
Should employers file H-1B petitions now while the fee is blocked?
Many employers are choosing to move forward with filings while this window is open, though anyone doing so should stay in close contact with immigration counsel given how quickly the fee’s status has changed over the past two months.
Has USCIS actually confirmed it will stop collecting the fee?
Yes. USCIS updated its H-1B Specialty Occupation webpage on the evening of July 28, 2026 to reflect the First Circuit’s order, stating it will not collect the fee for now, while also noting that DHS still intends to collect it if the order is ever lifted.
Have other courts ruled differently on this fee?
Yes. A federal court in Washington, D.C. found the fee lawful in a separate case decided in December 2025, which is now on appeal to the D.C. Circuit. A third case remains pending in California. The issue is likely to stay unsettled until these appeals play out.
If you have questions about how the current status of the $100,000 H-1B fee affects your pending or upcoming petitions, our attorneys are available to help.
If you or your family members have questions about how this ruling or other immigration and nationality matters may affect you, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by visiting our website at www.visaserve.com for more information.