No $100,000 H-1B Fee. At Least for Now. USCIS Has Confirmed.

No $100,000 H-1B Fee. At Least for Now. USCIS Has Confirmed.

ALERT: On June 8, 2026, the U.S. District Court for the District of Massachusetts issued an order that vacated agency guidance implementing the $100,000 payment requirement for certain H-1B petitions. See State of California v. Mullin, 1:25-cv-13829 (D. Mass.). DHS strongly disagrees with the court’s order and filed a motion to stay pending appeal with the United States Court of Appeals for the First Circuit (First Circuit). The District Court order was administratively stayed while the government pursued its motion to stay pending appeal with the First Circuit. On July 24, 2026, the First Circuit denied the government’s motion. DHS strongly disagrees with the First Circuit’s order denying the stay request but will comply with the court’s order while DHS considers next steps. If this order is later lifted, DHS still plans to collect the payment. 

Source: H-1B Specialty Occupations