H-1B Petitions Are Being Approved Without the $100,000 Fee: What Applicants Should Know

If you or a family member has an H-1B petition waiting at USCIS, you may have seen news that some cases are now being approved without the $100,000 payment. Here is a simple guide to what is happening and what is not changing. In September 2025, a presidential proclamation set a $100,000 payment for certain new H-1B petitions. It mainly applied to workers outside the US. On September 18, 2026, the President extended the measure through September 21, 2027. However, courts have blocked the fee. The District of Massachusetts vacated the fee in June 2026. In July, the First Circuit denied the government's request to stay that ruling while its appeal continues. A federal court in California also barred enforcement. At the end of September 2026, the court barred enforcement of the fee, including under the September 2026 extension. Some reports give a different date for the California order, but the court docket shows the court filed the order on September 30, 2026. Because of these orders, some employers filed petitions without paying the fee. Those petitions went past the 15-business-day deadline for premium processing, and many were still waiting. Immigration law firms now report that USCIS has started approving some H-1B petitions that were filed without the controversial $100,000 fee. What this means for you: If your H-1B petition was filed without the fee and has been waiting for a long time, it may now move forward. The court orders are not final, though. USCIS has said it is complying with the orders, but that it will collect the fee if the orders are lifted. The appeals remain pending. Please do not assume the question is closed. Ask your employer or an immigration attorney to check the latest official instructions before any filing or travel. Ordinary USCIS fees still apply. Ordinary H-1B filing charges remain due. The base petition fee, employer-specific supplements, and premium processing where requested follow their own rules. The court decisions also did not change the job requirements for H-1B workers. The fee has also not been dropped for good. Current orders stop collection, but the proclamation remains and appeals continue. The Department of Homeland Security has a separate plan as well. It has proposed a rule setting a 103,265 dollar fee for certain H-1B petitions. That is a proposal, not a final rule. Until the government publishes a final rule, its coverage, effective date, and final amount remain unsettled. If you are an H-1B worker, a family member, or an employer, here are a few practical steps. Keep copies of all USCIS receipt notices and payment records. Check your case on the USCIS case status page, and read official USCIS updates rather than social media posts. Do not send a $100,000 payment unless official instructions clearly require it. Before you travel abroad or change jobs, talk to an immigration attorney about your specific situation. This article is general information, not legal advice. Sources: US approves H-1B petitions without $100,000 fee. Here's what workers and employers need to know - Business Today: https://www.businesstoday.in/nri/visa/story/h-1b-100000-fee-update-us-approves-petitions-without-payment-heres-what-workers-and-employers-need-to-know-563498-2026-10-25 H-1B Petitions Approved Without the $100K Fee - Meltzer Hellrung: https://meltzerhellrung.com/h-1b-petitions-approved-without-the-100000-fee/ California Federal Court Issues Preliminary Injunction Against the $100,000 H-1B Fee - Fragomen: https://www.fragomen.com/insights/united-states-california-federal-court-issues-preliminary-injunction-against-the-dollar100000-h-1b-fee.html Federal Court Blocks $100K H-1B Fee Pending Rulemaking - Clark Hill: https://www.clarkhill.com/news-events/news/federal-court-blocks-100k-h1b-fee-rulemaking/ Photo: Arisa Chattasa on Unsplash