US Resumes H-1B Processing Without $100,000 Fee
Federal courts have blocked enforcement of a controversial fee initially introduced for H-1B visa petitions.
Updated on Oct. 26, 2026 in Immigration
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United States immigration authorities have resumed processing H-1B visa petitions without collecting the mandated $100,000 fee. This change follows federal court orders in Massachusetts and California that halted the enforcement of the payment.
Why it matters
The suspension of the fee provides relief for employers and applicants who faced high financial hurdles to access the visa program. Legal challenges continue as the government pursues appeals to potentially reinstate the requirement.
The $100,000 fee was introduced in September 2025 and recently extended through September 21, 2027. While court orders currently block the fee, some premium processing petitions have already missed the standard 15-business-day response deadline.
The players
US Citizenship and Immigration Services
This federal agency is responsible for overseeing the administration of the United States immigration system and processing visa petitions.
US District Court for the District of Massachusetts
This federal court served as the site for the initial ruling that vacated the $100,000 visa fee requirement.
US District Court for the Northern District of California
This federal court issued an order barring the enforcement of the visa fee, adding to the legal obstacles against the government.
First Circuit Court of Appeals
This court denied the government's request to pause the Massachusetts ruling while the appeal process continues.
The details
US Citizenship and Immigration Services is currently complying with court orders while continuing to pursue appeals to reinstate the fee. If these legal challenges are successful, the government has indicated it will move to collect the $100,000 payment from petitioners.
Timeline
September 2025: The $100,000 H-1B visa fee was introduced.
June 2026: A Massachusetts court vacated the fee requirement.
September 18, 2026: The fee requirement was extended through 2027.
Late September 2026: A California court barred enforcement of the fee.
September 21, 2027: The scheduled end date for the fee extension.
Political Context
The $100,000 fee represents a significant departure from the standard administrative costs traditionally associated with the H-1B visa program. Opposition groups and legal advocates argue that such financial burdens contradict the established intent of the visa system.
Employers and applicants may now submit visa petitions without paying the $100,000 fee while the court orders remain in effect. However, those involved should prepare for potential retroactive requirements should the government win its ongoing appeals.
The takeaway
The ongoing court battles mean that the future of this fee remains uncertain despite the current pause. Applicants should monitor legal updates closely to ensure compliance with shifting federal requirements.
Further reading
For more background on current visa rules, visit the Immigration section.
Source note: This article includes information reported by Legit.ng - Nigeria news..
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