Archive · 29 Jul 2026
H-1B Fee Suspension: Employers Advised to File Normally
The U.S. government tried to add a $100,000 fee to certain H-1B visa petitions.
But a court said this fee was like an unauthorized tax and stopped it.
The government is still fighting this in higher courts.
For now, employers don't have to pay the fee, but they should keep records in case the rules change again.
The fee might come back if the government wins its appeal.
The $100,000 H-1B fee is currently not being enforced due to a court ruling.
Employers should file H-1B petitions normally and keep detailed records.
The government's appeal is still pending, and the fee could return.
The fee was introduced by a presidential proclamation and challenged by 20 states.
The appeals court rejected the government's request to reinstate the fee during the appeal process.
- Who
- Employers filing H-1B petitions and H-1B visa holders
- What
- Suspension of the $100,000 H-1B fee
- When
- Current suspension effective until further court decisions
- Where
- United States
- Why
- Legal challenges by 20 states led to the suspension of the fee
Government's Stance
States' Stance
Legality of the Fee
Government's Stance
The government argues that the president has broad powers to impose such fees for national security reasons.
States' Stance
The states argue that the fee is an unauthorized tax and violates the Administrative Procedure Act.
Impact on Skilled Workers
Government's Stance
The government believes the fee is necessary for national security and does not significantly impact the hiring process.
States' Stance
The states claim the fee makes it harder to bring skilled foreign workers to public universities, schools, and hospital systems.
- Fee Amount
- $100,000
- Initial Proclamation Date
- September 19, 2025
- District Court Ruling Date
- June 8, 2026
- Appeals Court Decision Date
- July 24, 2026
- Case Name
- State of California, et al. v. Markwayne Mullin, et al.
- Court
- US District Court for the District of Massachusetts
- Appeals Court
- US Court of Appeals for the First Circuit