The $100,000 H1B Visa Fee Has Been Struck Down. Here Is What You Owe.
If you are an employer in Massachusetts who sponsors foreign workers on H-1B visas, the $100,000 fee that dominated headlines since September 2025 is no longer in effect. A federal judge in Boston struck down the fee on June 8, 2026. The First Circuit Court of Appeals then refused to reinstate it on July 24, 2026. Employers do not currently owe this fee, and USCIS (U.S. Citizenship and Immigration Services, the federal agency that processes H-1B petitions) has confirmed it will comply with the court’s order.
That does not mean H-1B petitions are free. The standard government fees for a single petition still run between roughly $2,000 and $7,400, depending on your company’s size and whether any surcharges apply. That range covers mandatory filing fees only. It does not include the $215 registration fee or optional premium processing. What has changed is that the extraordinary $100,000 charge on top of them is gone for now. The proclamation that created the fee is also set to expire by its own terms on September 20, 2026, adding another layer of uncertainty for employers planning ahead. This post walks through what happened, what fees employers actually owe today, and what to watch for as the litigation continues.
Are you an employer with questions about H-1B costs or compliance? Call Brooks Law Firm at (617) 245-8090 or contact us online to schedule a free consultation.
A Federal Court Struck Down the $100,000 Fee, but the Appeal Continues
On September 19, 2025, the White House issued Presidential Proclamation 10973, which imposed a $100,000 payment requirement on new H-1B petitions filed for workers who would need to apply for their visa at a U.S. embassy or consulate abroad (a process called consular processing). The fee took effect on September 21, 2025. It applied only to new petitions for workers outside the country, not to renewals, extensions, or workers already in the United States.
The proclamation was immediately challenged in federal courts across the country, and the cases reached conflicting conclusions. In December 2025, a federal court in Washington, D.C. upheld the fee. But on June 8, 2026, Judge Leo Sorokin of the U.S. District Court for the District of Massachusetts ruled in State of California v. Mullin (Case No. 1:25-cv-13829) that the $100,000 charge was an unlawful tax imposed without congressional authorization. The court also found that the agency policy implementing the fee violated the Administrative Procedure Act, a federal law that sets rules for how government agencies create policies. The court struck down the policy in its entirety. Massachusetts was among the plaintiff states in the case.
The government appealed. On June 12, 2026, the district court placed a brief hold on its own ruling while the government sought emergency relief from the First Circuit. On July 24, 2026, the First Circuit denied the government’s request to reinstate the fee during the appeal, finding that the government had not shown it was likely to succeed on the merits. That denial lifted the temporary hold. The June 8 ruling is now in effect nationwide. On July 28, 2026, USCIS confirmed on its H-1B FAQ page that it will comply with the court’s order while it considers next steps.
Two things are worth knowing about what comes next. First, the appeal on the merits is still active, and because the courts have reached opposite conclusions, the government could also ask the Supreme Court to step in on an emergency basis. Second, the proclamation itself imposed a 12-month restriction that is set to expire on September 20, 2026, unless the administration extends or reissues it. Whether that happens is an open question regardless of the court outcome.
The Fees Employers Actually Pay for an H-1B Petition
Even without the $100,000 charge, filing an H-1B petition involves several mandatory government fees. The total depends on the size of the employer, the type of petition, and whether the employer opts for faster processing. All fees listed below are current as of August 2026 and are verified against the USCIS fee schedule (Form G-1055, reissued May 29, 2026). Government fees are subject to change, so employers should confirm with the current USCIS fee schedule before filing.
H-1B Registration Fee: $215. This is paid during the annual registration window, typically in March, as part of the H-1B lottery. It is nonrefundable whether or not the worker is selected.
Form I-129 Base Filing Fee: $780 or $460. The standard fee is $780. Employers with 25 or fewer full-time employees and qualifying nonprofit organizations pay $460. This is the core petition filing fee and is required on every H-1B filing.
ACWIA Training Fee: $1,500 or $750. Employers with more than 25 full-time employees pay $1,500. Employers with 25 or fewer pay $750. Higher education institutions, their affiliated nonprofits, government research organizations, and primary and secondary schools are exempt. This fee applies to new petitions and employer transfers but not to extensions with the same employer.
Fraud Prevention and Detection Fee: $500. Required on all new H-1B petitions and employer-change petitions. It does not apply to extensions with the same employer.
Asylum Program Fee: $600, $300, or $0. Employers with 26 or more full-time employees pay $600. Employers with 25 or fewer pay $300. Nonprofit organizations are exempt. This fee was established in April 2024 and applies to all Form I-129 and Form I-140 petitions. It is separate from the annual asylum fee that applies to asylum applicants.
Public Law 114-113 Fee: $4,000. This surcharge applies only to employers with 50 or more U.S. employees where more than half hold H-1B or L-1 visa status. Most employers do not owe this fee.
Premium Processing (optional): $2,965. This buys a guaranteed USCIS response within 15 business days, though the response can be an approval, a denial, or a request for more information. The fee increased from $2,805 to $2,965 on March 1, 2026.
H-4 Dependent Visa (Form I-539): $370. This is the application fee for an H-1B worker’s spouse or children. The employee is responsible for this cost.
Who Is Responsible for Paying H-1B Fees
Federal law assigns most H-1B petition costs to the employer. The ACWIA training fee and the fraud prevention fee are categorically the employer’s responsibility under Department of Labor regulations, with no exception. The I-129 base fee and the asylum program fee also fall on the employer in most cases, because shifting them to the worker would typically reduce the worker’s pay below the required wage level. The safest approach for any employer is to treat all mandatory filing fees as a business expense.
The employee may pay for certain costs. Premium processing can be paid by the employee when the faster turnaround is requested for the employee’s own benefit rather than the employer’s convenience. The employee is also typically responsible for dependent visa costs, such as the H-4 application fee.
If an employer asks or pressures a worker to cover mandatory filing fees, that can undermine the Labor Condition Application (a form the employer files with the Department of Labor promising to pay the required wage and meet working conditions). It can also jeopardize the entire petition. If you are unsure about fee responsibilities on either side, speaking with an attorney is important before taking any step.
What Employers Should Do Now
For employers filing new H-1B petitions today, the standard fees described above apply. The $100,000 payment is not required. As with any area of active litigation, the situation could shift, so employers should verify the current requirements on the USCIS H-1B FAQ page before filing and confirm with legal counsel.
For employers who paid the $100,000 fee before the court struck it down, the question of refunds has not yet been resolved. The court struck down the policy but did not specifically address refund procedures. Employers who paid should keep complete payment records and speak with an attorney about whether and how to pursue recovery.
For employers planning ahead, the proclamation’s September 20, 2026 expiration date is worth watching. Whether the administration extends, reissues, or modifies the proclamation will shape the next chapter of this issue, independent of the pending appeal.
Reach out to Brooks Law Firm today to schedule a free consultation, and we will give you an honest look at where your H-1B filing stands and what your options are. With the proclamation set to expire September 20, 2026 and the appeal still active, now is the time to review your strategy. Call (617) 245-8090.
H-1B Visa Fee FAQs
Is the $100,000 H-1B fee still in effect?
No. As of July 24, 2026, the fee is not being collected. A federal court in Massachusetts struck down the policy on June 8, 2026, and the First Circuit refused to reinstate it while the government appeals. USCIS has confirmed it will comply with the court’s order. However, the appeal is still active, so employers should check the USCIS H-1B FAQ page for the latest status before filing.
Does the fee apply to workers already in the United States?
The $100,000 fee never applied to workers already in the United States on H-1B status. It was limited to new petitions for workers who would enter through consular processing. Extensions, transfers, and changes of status for workers already here were not covered even when the fee was in effect.
Can employers get a refund if they already paid the $100,000?
The court struck down the policy, but refund procedures have not been established. Employers who paid should keep all payment records and speak with an immigration attorney about their options.
What are the actual fees I need to budget for an H-1B petition?
The mandatory government fees for a new H-1B petition range from roughly $2,000 for small employers to roughly $7,400 for large employers subject to all surcharges, not counting the registration fee or optional premium processing. The full breakdown by employer size is in the fee section above. Confirm the current amounts on the USCIS fee schedule before filing.
What is the difference between an H-1B extension and a new H-1B petition?
An extension continues employment with the same employer for a worker who already holds H-1B status. A new petition is for a worker who has not previously held an H-1B visa or is being sponsored for the first time. Extensions require the I-129 base fee and the asylum program fee, but not the ACWIA training fee or the fraud prevention fee.
What happens if an H-1B fee payment is late or incomplete?
USCIS will reject the entire petition package. All mandatory fees must be paid in full and submitted correctly at the time of filing, and any error in the payment will stop the case before it starts. Confirming the current fee amounts on the USCIS fee schedule before submitting is the simplest way to avoid this.
What is the asylum program fee for H-1B petitions?
The asylum program fee is a charge that applies to all Form I-129 petitions, including H-1B filings. Employers with 26 or more full-time employees pay $600. Employers with 25 or fewer pay $300. Nonprofit organizations are exempt. This fee was established in April 2024 and is separate from the annual asylum fee that applies to people with pending asylum cases.
Can employers require employees to repay H-1B fees if they leave early?
Employers cannot require workers to repay mandatory government filing fees. Repayment agreements covering these fees violate Department of Labor regulations. If you are facing a demand to repay, speaking with an immigration attorney can help clarify your rights.
What happens if the $100,000 fee comes back?
If a higher court reverses the ruling, or if the administration renews the proclamation when it expires on September 20, 2026, the fee could return in some form. The government could also ask the Supreme Court to step in on an emergency basis. Employers should plan with legal counsel to be prepared for any outcome.
This post was last verified against current law and USCIS guidance on August 12, 2026. H-1B fee rules are in active litigation and subject to change. Confirm with the USCIS fee schedule and legal counsel before acting.
