The US$100,000 H-1B fee is blocked by a court; government appeal continues

United States · Policy change · Judgment 2026-06-08, appeal dismissed 07-24

Country / regionUnited States
CategoryPolicy change
DateJudgment 2026-06-08, appeal dismissed 07-24
What happenedThe federal district court in Massachusetts vacated the DHS guidance on the US$100,000 payment on 2026-06-08; on 07-24 the First Circuit Court of Appeals denied the government's request for a stay. DHS said it will comply with the judgment but is still considering next steps and still plans to collect if the injunction is lifted.
Impact on applicantsThe US$100,000 fee is currently not in effect. But the policy is not dead — employers and applicants should reserve budget and time for a reversal.
Source: {src}USCIS official announcement (State of California v. Mullin) ↗

Source: USCIS official announcement (State of California v. Mullin) ↗ · Last verified: 2026-09-20 · For reference only; not application or legal advice. Always check the official source for current rules.

FAQ

The US$100,000 H-1B fee is blocked by a court; government appeal continues — what happened?

The federal district court in Massachusetts vacated the DHS guidance on the US$100,000 payment on 2026-06-08; on 07-24 the First Circuit Court of Appeals denied the government's request for a stay. DHS said it will comply with the judgment but is still considering next steps and still plans to collect if the injunction is lifted.

What does this mean for applicants?

The US$100,000 fee is currently not in effect. But the policy is not dead — employers and applicants should reserve budget and time for a reversal.

Where does this information come from?

USCIS official announcement (State of California v. Mullin), verified by us on 2026-09-20.

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