The $100K H-1B Fee: Where Things Stand and What Has Not Changed

Article Summary

• Presidential Proclamation 10973, signed September 19, 2025, imposed a $100,000 fee on new H-1B petitions for beneficiaries outside the United States, effective September 21, 2025.

• On June 8, 2026, the U.S. District Court for the District of Massachusetts vacated the fee as an unconstitutional tax. On July 24, 2026, the First Circuit denied the government's request to stay that ruling. The fee is currently not collectible.

• The case remains on appeal. A D.C. District Court reached the opposite conclusion in December 2025, and the Supreme Court may ultimately resolve the split.

• The court decision does not address the broader H-1B adjudication environment. Specialty occupation challenges, wage level scrutiny, and credential questions have all increased and remain regardless of the fee's status.

This article updates our earlier post: A Complete Look at the New $100,000 H-1B Fee. It is informational and does not constitute legal advice.

Status as of July 29, 2026: The $100,000 H-1B fee is currently blocked. On July 24, 2026, the First Circuit denied the government's motion to stay the district court's ruling. The fee remains on appeal and the situation may change. Monitor USCIS updates and consult your attorney before filing.  ProfVal does not offer legal advice.

What the $100,000 Fee Was and Who It Applied To

On September 19, 2025, President Trump signed Presidential Proclamation 10973. Per USCIS, the proclamation imposed a $100,000 supplemental payment on new H-1B petitions for beneficiaries located outside the United States without a valid H-1B visa, applying specifically to petitions subject to consular processing. It did not apply to extensions, amendments, changes of status filed within the United States, or petitioners who already held a valid H-1B visa.

As Manifest Law summarized, employers could not pass the cost to employees under Department of Labor rules, and DHS Secretary exceptions were described as rare. For a full breakdown of applicability, see our earlier $100,000 H-1B fee article.

The Court Proceedings: A Timeline

• October 2025: The U.S. Chamber of Commerce and the Association of American Universities filed suit in the U.S. District Court for the District of Columbia.

• December 2025: The D.C. District Court upheld the proclamation, finding the fee fell within the president's authority to restrict noncitizen entry under INA section 212(f).

• December 12, 2025: A coalition of 20 state attorneys general filed suit in the U.S. District Court for the District of Massachusetts.

• June 8, 2026: Judge Leo T. Sorokin granted summary judgment for the plaintiff states in State of California v. Mullin, Case No. 25-13829-LTS, vacating the fee. The court held the payment functioned as a tax only Congress can impose, and that agency implementation violated the APA. As Clark Hill noted, this ruling directly conflicts with the December D.C. ruling.

• June 11, 2026: The Trump administration filed a notice of appeal to the First Circuit and sought a stay of the district court's ruling. Per Ogletree Deakins, the district court temporarily granted the stay, briefly reinstating the fee.

• July 24, 2026: The First Circuit denied the government's motion to stay the district court's ruling. Per USCIS, "DHS strongly disagrees with the First Circuit's order but will comply while considering next steps." The fee is currently not collectible.

As Vorys observed, USCIS is barred from assessing the fee on covered petitions unless a higher court reverses that position. The Supreme Court may ultimately resolve the conflict between the two district courts.

What the Court Decision Does Not Change

The fee litigation has not resolved the underlying adjudication challenges H-1B petitioners face. The environment has become more demanding in ways that are independent of the fee, and those challenges remain.

Specialty Occupation: Still the Most Common Battleground

Specialty occupation challenges remain the most frequent basis for H-1B RFEs. Per USCIS, H-1B eligibility requires that the position normally require a body of highly specialized knowledge and a minimum of a bachelor's degree in a specific specialty. As Reddy Neumann Brown has documented, RFEs increasingly question whether a position qualifies as a specialty occupation at all, with IT, consulting, analyst, and hybrid business-technical roles disproportionately affected.

ProfVal's H-1B Specialty Occupation Expert Opinion Letters address this directly. See also our posts on H-1B specialty occupation RFEs and common H-1B misperceptions.

Wage Level Scrutiny: A Growing Concern

Per Reddy Neumann Brown, USCIS increasingly treats Level 1 wages as a proxy for whether a role truly requires specialized knowledge. Petitions describing complex duties paired with Level 1 wages draw RFEs questioning whether the role is actually a specialty occupation. As Manifest Law has noted, the weighted H-1B lottery system introduced in late 2025 further deprioritizes Level 1 registrations. Employers using Level 1 wages should document the entry-level nature of the role and address any apparent inconsistency with the duties described.

Academic Credentials and Beneficiary Qualifications

USCIS review of whether a beneficiary's credentials qualify them for the specific specialty occupation has also increased, including scrutiny of foreign degrees, degree field relevance, and alternative experience qualifications. ProfVal provides academic transcript evaluation and H-1B Expert Opinion Letters that address beneficiary qualifications including foreign credential equivalency and the connection between academic background and specialty occupation requirements.

We have also seen increased challenges to whether a position requires a professional at all, questioning the premise of the specialty occupation analysis rather than just its application. These tend to arise in roles combining technical and non-technical duties or where the degree requirement is not grounded in clear industry standards. See our post on H-1B specialty occupation RFEs for more on how these challenges arise.

Current Updates (Late July 2026)

• The $100,000 fee is currently not collectible, but the appeal is active. Do not treat the current status as permanent. Monitor USCIS and consult your attorney before filing.

• Past H-1B approvals are not a shield. As Reddy Neumann Brown noted, USCIS is re-examining eligibility even for roles approved in prior years during extensions and amendments.

• Specialty occupation documentation should be thorough and specific. Generic job descriptions and boilerplate language draw RFEs in the current environment.

• Wage level and duty descriptions should be consistent. A mismatch between described duties and a Level 1 wage is one of the most common RFE triggers in 2026.

• For RFEs and NOIDs, respond with legal counsel and targeted documentation. A specialty occupation Expert Opinion Letter is often the most effective tool for specialty occupation and credential challenges.

Working with ProfVal

ProfVal supports H-1B petitions with Specialty Occupation Expert Opinion Letters and academic transcript evaluations. We work with immigration attorneys on initial filings and RFE and NOID responses. We do not provide legal advice. If you do not yet have legal representation, we can refer you to an immigration attorney.

Nothing in this article constitutes legal advice. ProfVal is not a law firm. Immigration law is changing rapidly. Consult a qualified immigration attorney for advice specific to your situation.