Updated September 21, 2026
Employers and H-1B workers may have seen recent headlines that the Trump Administration has extended the controversial $100,000 H-1B fee through September 21, 2027. While this is true, it is also important to note: the $100,000 fee is currently blocked by a federal court and USCIS is not collecting it.
Why Is the $100,000 H-1B Fee Blocked?
The Trump Administration previously imposed a $100,000 payment requirement on certain H-1B petitions, primarily affecting beneficiaries outside the United States.
In June 2026, a federal court ruled that the payment requirement was unlawful and vacated the policy. gov.uscourts.ca1.54417.00108481775.0.pdf The government appealed, but in July, the U.S. Court of Appeals for the First Circuit declined to allow the fee to take effect while the appeal continues.
As a result, USCIS is currently not collecting the $100,000 payment.
What Changed in September 2026?
On September 18, 2026, President Trump extended the underlying H-1B proclamation for another year, through September 21, 2027.
However, extending the proclamation does not eliminate the existing court order blocking the $100,000 payment requirement.
So, despite the extension, employers filing H-1B petitions today are not currently required to pay the additional $100,000 fee. Regular USCIS H-1B filing fees still apply.
Could the $100,000 Fee Return?
Yes. The federal government is continuing to challenge the court ruling, so the situation could change depending on the outcome of the appeal or further court proceedings.
It is also important to remember that even if the fee becomes enforceable again, it is not a $100,000 fee on every H-1B petition. Its application depends on the type of petition and the beneficiary’s circumstances.
Planning an H-1B Filing?
Because the litigation is ongoing, employers planning H-1B petitions—particularly for employees who are outside the United States—should stay informed about further developments.
Our firm assists employers and foreign professionals with H-1B petitions, extensions, changes of employer, consular processing, and other employment-based immigration matters.
Contact our office to discuss how the latest H-1B developments may affect your case.
This article is for general informational purposes only and does not constitute legal advice. The information is current as of September 21, 2026.
Filed under employment