The United States Citizenship and Immigration Services (USCIS) has started approving H-1B visa petitions that were submitted without the contentious $100,000 fee. This move comes after multiple federal court rulings blocked the enforcement of the fee, providing a significant update for both employers and prospective H-1B workers.
Federal Courts Block Controversial H-1B Fee
The $100,000 fee was initially imposed by a September 2025 presidential proclamation, primarily targeting new H-1B petitions for workers located outside the U.S. This measure was subsequently extended through September 2027. However, its implementation faced immediate legal challenges.
- In June 2026, the District of Massachusetts vacated the fee.
- The First Circuit Court of Appeals denied the government's request to stay that ruling in July, allowing the appeal process to continue.
- By late September 2026, the Northern District of California also barred enforcement of the fee, including its extended period.
The U.S. government has appealed both of these decisions. USCIS has publicly stated its compliance with the current court orders but maintains that it will collect the fee should these blocking orders be lifted in the future.
Petition Approvals and Premium Processing
For weeks, many fee-subject petitions remained pending at USCIS service centers, even those filed with premium processing that guarantee a decision within 15 business days. This led to significant uncertainty and delays for employers.
However, recent reports from immigration law firms indicate that USCIS has begun processing and approving these petitions. The movement appears to have been spurred by a multi-company mandamus action, which brought public attention to the delays, even without a formal lawsuit being filed. Despite this progress, approvals remain somewhat uneven, and some petitions may still require direct follow-up if they have exceeded the premium processing deadline.
Implications for Employers and H-1B Candidates
This development significantly alters the landscape for employers looking to hire H-1B candidates, particularly those currently outside the U.S. The removal of the substantial fee makes these candidates a more viable option once again.
Key Considerations for Employers:
- Revisit Hiring Plans: Employers should re-evaluate their strategies for hiring skilled foreign workers, especially those abroad, while the court orders blocking the fee remain in effect.
- Check Pending Petitions: It is crucial for employers to review the status of any pending fee-subject petitions, particularly those filed with premium processing that have exceeded the 15-business-day window.
- Consider Specific Candidates: Candidates who already possess a valid, unexpired H-1B visa stamp may be particularly attractive, as they often do not require a new consular interview. Workers previously counted against the H-1B cap with remaining time on their six-year limit can also typically be petitioned for without a new lottery.
It is important to remember that workers outside the U.S. cannot commence employment until their petition is officially approved. Employers should also diligently verify a candidate's visa validity and prior H-1B status before extending an offer.