As a follow-up to our June 8 alert, “Federal Court Strikes Down Trump’s $100,000 H-1B Fee,” which reported that a U.S. District Judge had vacated the fee nationwide, subsequent litigation has reinstated the fee, at least for now, pending appellate review of the decision.
What Has Happened Since June 8
June 8: The court vacated Presidential Proclamation 10973 in its entirety, finding that the $100,000 payment was an unconstitutional tax that exceeded executive authority. The ruling was effective immediately and applied nationwide.
June 12: Four days later, following an emergency appeal by the government, the judge temporarily paused the ruling, which allowed USCIS to resume collecting the $100,000 fee for petitions subject to the fee while the First Circuit Court of Appeals considers the case.
Now: The government is expected to file a formal stay request with the First Circuit before the end of this week. That court’s response will determine whether the fee is again vacated nationwide or remains enforceable throughout the appellate proceedings, a process that could take months.
Which Petitions Are Affected
The reinstated $100,000 fee applies only to:
- New H-1B petitions filed after September 25, 2025, that require the beneficiary to obtain a visa stamp at a U.S. consulate abroad or that require port of entry notification, or pre-flight inspection for the beneficiary.
The following are not affected by the fee:
- H-1B extensions of stay filed by the same employer for a worker who already holds a valid H-1B visa.
- Changes of status petitions filed for beneficiaries already in the U.S. in another valid status.
- H-1B transfer petitions to a new employer, provided the beneficiary is inside the U.S.
Employers should coordinate with their Meltzer Hellrung attorney to confirm whether any pending or upcoming petition falls within the fee’s current scope before filing.
What We Are Also Watching
In addition to the litigation described above, we continue to monitor two other legal developments related to the $100,000 fee:
- C. Circuit: The U.S. Chamber of Commerce’s appeal of the December 2025 D.C. District Court decision — which upheld the fee — is still pending.
- California: Global Nurse Force v. Trump remains pending in the Northern District of California and may produce an independent ruling that affects the fee’s applicability.
Conclusion
The short-lived window in which the $100,000 fee was vacated is now closed — at least temporarily. The fee is in effect for new consular-processed H-1B petitions while the courts sort out the merits of the government’s appeal. We are continuing to monitor all developments and will issue further updates as soon as they become available. Please contact your Meltzer Hellrung attorney with any questions about any pending or planned H-1B petitions.
