Is the $100,000 H-1B Fee Still in Effect?
Last updated: September 12, 2026
No, the $100,000 H-1B fee is not currently in effect. The U.S. Court of Appeals for the First Circuit blocked it on July 24, 2026, and USCIS and the State Department cannot assess or collect it right now. On top of that, the presidential proclamation that created the fee is scheduled to expire on its own on September 19-20, 2026, unless the administration renews it before then. Both the court appeal and the proclamation's expiration are still unresolved, so this status could change with little notice — check back for updates.
Key Facts at a Glance
Question | Current Answer (as of Sept 12, 2026) |
Is the fee being collected right now? | No |
Why not? | Blocked by the 1st Circuit Court of Appeals, July 24, 2026 |
When was the fee created? | Presidential Proclamation 10973, signed Sept 19, 2025 |
When does the underlying proclamation expire? | September 19-20, 2026 (12 months after taking effect), unless renewed |
Is the legal case over? | No — merits briefing continues through Oct 16, 2026 |
Could the fee return? | Yes — via proclamation renewal or a future court ruling |
The Full Timeline
September 19, 2025 — President Trump signed Presidential Proclamation 10973, "Restriction on Entry of Certain Nonimmigrant Workers," creating a $100,000 fee tied to H-1B petitions, primarily affecting beneficiaries outside the US who require consular processing. It took effect September 21, 2025, for a 12-month term.
June 8, 2026 — A federal district court in Massachusetts vacated the fee nationwide, ruling it functioned as an unauthorized tax the executive branch lacked authority to impose, and that it violated the Administrative Procedure Act.
June 12, 2026 — The government appealed to the First Circuit and obtained a temporary administrative stay, allowing USCIS to keep collecting the fee during the appeal.
July 24, 2026 — The First Circuit denied the government's request to keep the fee in effect during the appeal (State of California, et al. v. Mullin, et al., No. 26-1699). The stay was lifted, and the fee has been blocked ever since.
September 19-20, 2026 — The original proclamation expires by its own terms unless renewed or reissued. No renewal has been announced as of this writing.
October 16, 2026 — Merits briefing at the First Circuit is expected to conclude, meaning a substantive ruling on the fee's legality likely won't arrive before then.
What Happens on September 19-20?
Three outcomes are possible, and they are independent of the ongoing court appeal:
The proclamation lapses. If the administration takes no action, Proclamation 10973 expires, and the fee has no legal basis to return unless a new proclamation is issued separately.
The administration renews or reissues it. The White House could extend the original proclamation or issue a new one with similar terms before the deadline. Given its continued defense of the policy in court, this is a realistic possibility.
The appeal changes the picture later, regardless. Even if the proclamation lapses now, a First Circuit ruling in the government's favor later this fall could support a new version of the policy going forward.
What This Means for Employers and Applicants
Petitions requiring consular processing right now are not subject to the fee under the current blocked status.
If timing is flexible, completing filings during this window reduces exposure if the policy returns.
H-1B holders considering international travel should note this specific fee targets new consular-processed petitions, not routine travel by existing visa holders — but given how often the rules have shifted in the past year, confirm your specific situation with an immigration attorney before booking.
Watch September 19-20 specifically — the administration's decision to renew, reissue, or let the proclamation lapse is the next concrete milestone, separate from the ongoing appeal.
Why This Keeps Happening
The pattern — a policy imposed by proclamation, challenged as executive overreach, then cycling through stays and reversals — mirrors what played out with the Diversity Visa Lottery suspension earlier in 2026. Courts have repeatedly found that Congress, not the executive branch, generally holds authority over fee-like charges of this scale, while the administration continues to defend such measures as within its immigration and national-security authority. Expect this tension to resurface in future policy actions.
Frequently Asked Questions
Do I need to pay the $100,000 H-1B fee right now? No. It's blocked by the First Circuit's July 24, 2026 ruling, and USCIS cannot currently assess or collect it.
Could the fee come back? Yes — either through the administration renewing or reissuing the proclamation before it expires, or through a future appellate ruling reversing the district court. Neither has happened as of this writing.
Does the proclamation's expiration end the legal case? No. The appeal over whether the fee was ever lawful continues separately, with merits briefing expected to conclude October 16, 2026.
Does this fee affect all H-1B visa holders? No. It has primarily targeted new petitions for beneficiaries outside the US requiring consular processing, not H-1B holders already in valid status or currently in the US.
Sources
This article reflects the publicly reported legal and policy status as of September 12, 2026. Both the litigation and the proclamation's status are actively evolving and could change with little or no notice. This is not legal advice — consult a licensed immigration attorney about how this affects your specific case before making travel or filing decisions.
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