US Pauses Controversial $100,000 H-1B Fee for Visa Applicants, Gives Reason for the Decision
- A US federal appeals court has denied the government's request to keep the $100,000 H-1B petition fee in place while the case worked its way through the courts
- The $100,000 (N136 million) fee was introduced by President Trump in September 2025 as part of a broader effort to reform the H-1B visa programme
- Department of Homeland Security (DHS) said it strongly disagreed with the court's ruling but would comply, while warning the fee could still be collected if the order is later lifted
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The United States Department of Homeland Security (DHS) has been forced to pause the collection of a controversial $100,000 fee on H-1B visa petitions, after a federal appeals court rejected the government's bid to keep the charge in place during ongoing litigation.
On July 24, 2026, the US Court of Appeals for the First Circuit denied DHS's motion to stay the lower court's order pending appeal.
Source: Getty Images
The ruling followed a June 8, 2026 decision by the US District Court for the District of Massachusetts, which vacated the agency guidance that implemented the $100,000 payment requirement. The case is identified as *State of California v. Mullin*, 1:25-cv-13829 (D. Mass.).
DHS said it "strongly disagrees" with the First Circuit's decision but would comply with the order while it considers its next steps. The department also warned that if the court order is later lifted, it still plans to collect the payment from affected petitioners.
How the $100,000 H-1B fee came about
According to the US immigration agency, the fee originated from a Presidential Proclamation signed by President Donald Trump on September 19, 2025, titled "Restriction on Entry of Certain Nonimmigrant Workers."
The proclamation required a $100,000 (N136 million) payment to accompany any new H-1B petition submitted after 12:01 a.m. Eastern Daylight Time on September 21, 2025, including petitions filed for the 2026 lottery.
The measure directed DHS and the Department of State to coordinate on implementation. US Citizenship and Immigration Services (USCIS) and US Customs and Border Protection both issued separate guidance documents in line with the proclamation, while the State Department circulated guidance to consular offices worldwide.
Trump's administration framed the fee as an "initial and incremental step" to address what it described as abuses within the H-1B programme and to protect American workers.
DHS complies but keeps options open
Following the District Court's June ruling, the order was administratively stayed while the government pursued its appeal before the First Circuit. That stay expired with the appeals court's July 24 denial, leaving DHS without the legal backing to continue enforcing the fee requirement in its current form.
Despite the setback, DHS made clear it has not abandoned the policy, signalling that the legal battle is far from over.
In a related story, Legit.ng reported that the White House had stated that the H-1B fee could be a one-time fee.
US clarifies H-1B fee
Meanwhile, Legit.ng previously reported that the US had allayed people's fears regarding the H-1B fee.
The H-1B programme is a lifeline for American employers in specialised fields like software engineering, healthcare, and research.
Companies including Microsoft, Alphabet, and Amazon scrambled to reassure employees, advising them to avoid foreign travel until the rules were clarified.
Source: Legit.ng
