By Farmer Law PC, Austin, Texas. Last reviewed: November 2, 2026. We check this page each month while the court cases continue.
Short answer: On June 8, 2026, a federal court in Massachusetts vacated the agency guidance that set up the $100,000 payment for certain new H-1B petitions. On July 24, 2026, the appeals court refused to pause that order. USCIS says DHS will comply with the order while it considers next steps, and that DHS still plans to collect the payment if the order is later lifted. The proclamation behind the payment is still in place and now runs to September 21, 2027.
Planning an H-1B filing or a hire from abroad? Book a free 15-minute intro call.
What the $100,000 payment is
On September 19, 2025, the President signed Proclamation 10973. It restricts entry of new H-1B workers unless the employer’s petition comes with a $100,000 payment, with limited exceptions. USCIS, U.S. Customs and Border Protection and the State Department then issued guidance on who had to pay and how. On September 18, 2026, Proclamation 11069 extended the restriction for another 12 months, to September 21, 2027.
What the courts have done
- June 8, 2026, District of Massachusetts. In State of California v. Mullin, No. 1:25-cv-13829, the court held the agencies’ policy unlawful and vacated the guidance that set up the payment. That includes the USCIS policy memo, the USCIS H-1B FAQ and webpage content, the G-1055 Fee Schedule entry and the payment website, plus related CBP and State Department guidance. The court did not strike down the proclamation itself.
- July 24, 2026, First Circuit. The appeals court denied the government’s request to pause that order during the appeal (No. 26-1699), and it denied reconsideration on September 21, 2026. The appeal itself is still pending.
- September 30, 2026, Northern District of California. In Global Nurse Force v. Trump, No. 4:25-cv-08454, a second court, in a preliminary ruling, also vacated the agency policies and barred the agencies from enforcing or implementing them under either proclamation until they complete notice-and-comment rulemaking and a required small-business impact analysis. The government appealed to the Ninth Circuit on October 9, 2026.
- Washington, D.C. In a separate case brought by the U.S. Chamber of Commerce, the district court upheld the payment in December 2025. The appeal was argued in the D.C. Circuit on March 9, 2026, and no decision has been issued yet.
What this means for employers right now
- USCIS says DHS is complying with the Massachusetts order. Some USCIS pages still show the old payment details below that notice.
- The regular H-1B filing fees still apply. USCIS lists the current amounts in its G-1055 Fee Schedule.
- This can change quickly. If an appeals court lifts the orders, DHS says it still plans to collect the payment.
- DHS has also proposed a separate fee for H-1B cap petitions by regulation (published August 25, 2026). It is a proposal only. It is not final and is not in effect.
Looking at other options
Some employers also look at other work visas for the same hire, such as the
O-1A for individuals with extraordinary ability, the
L-1 for transferring staff from an affiliate abroad or the
TN for Canadian and Mexican professionals. See also
O-1 vs. H-1B. For the H-1B itself, see our
H-1B visa page.
FAQ
Is the $100,000 H-1B payment required right now? USCIS says DHS will comply with the June 8, 2026 court order that vacated the guidance setting up the payment. DHS also says it still plans to collect the payment if the order is later lifted, so the status can change.
Did the court strike down the proclamation? No. The courts vacated the agency guidance and policies used to carry out the payment. The proclamation itself remains in place and was extended to September 21, 2027.
Is the new H-1B fee in the August 2026 proposed rule in effect? No. DHS published it as a proposed rule on August 25, 2026. A proposed rule is not in effect unless DHS issues a final rule.
Talk with us
Planning an H-1B filing or weighing other work visas for a hire? Our experienced attorneys can walk you through the current rules.
Book a free 15-minute intro call or call
(512) 588-5909.
