H-1B Fee Ruling Gives You a Powerful Window to Act Now

A $100,000 price tag stood between skilled professionals and their US job offers, and the H-1B fee ruling tore it down. Two federal judges blocked the fee this year, so today the government cannot collect a single dollar of it. If you have been watching your US plans stall, this is the opening you have been waiting for.

Here is the hard truth. This win may not last. The government is appealing, a new $103,265 fee is already on the table, and one court has sided with the White House. If you wait for the courts to settle this, the door could shut again before you walk through it.

This guide shows you what the H-1B fee ruling means for you, what to do while the fee is blocked, and the routes in the US, UK, Canada, and Australia that this fee does not touch.

See Also: PERM Suspension Hits Microsoft. 7 Powerful Moves to Make

Is the $100,000 H-1B Fee in Effect Today?

No. As of October 13, 2026, the government cannot collect the $100,000 fee on new H-1B petitions. Two court orders block it.

1. The Massachusetts ruling. On June 8, 2026, Judge Leo Sorokin struck down the fee nationwide in a case brought by 20 states. On July 24, the First Circuit refused to pause that ruling while the government appeals, and USCIS then confirmed it would stop collecting the fee for now.
2. The California ruling. On September 30, 2026, Judge Haywood Gilliam Jr. vacated the agency policies behind the fee in Global Nurse Force v. Trump. His order also covers the September 2026 proclamation that extended the fee through September 21, 2027.

The fight is not over. The parties in the First Circuit appeal are due to finish their written arguments on October 16, 2026, and legal observers expect the government to appeal the California ruling too. Before you or your employer files anything, check the USCIS H-1B page for the latest position.

The H-1B Fee Timeline in One Table

Date	What happened	What it means for you
Sept 19, 2025	Proclamation 10973 sets a $100,000 fee on new H-1B workers coming from abroad	Hiring from outside the US becomes very expensive overnight
Dec 23, 2025	A Washington, DC judge upholds the fee in the US Chamber of Commerce case	One court sides with the government; the appeal is still pending
June 8, 2026	Massachusetts court rules the fee is an unlawful tax and strikes it down	The first major win against the fee
July 24, 2026	First Circuit refuses to pause the Massachusetts ruling	The fee stays blocked during the appeal
Aug 25, 2026	DHS publishes a proposed $103,265 fee	A second attempt, this time through formal rulemaking
Sept 18, 2026	New proclamation extends the $100,000 fee to Sept 21, 2027	The government doubles down
Sept 24, 2026	Public comments on the $103,265 proposal close; 22 states call it unconstitutional	DHS now reviews comments before any final rule
Sept 30, 2026	California court vacates the fee policies, including the extension	A second block on the fee

Two Rulings, Two Reasons, and Why the Difference Matters

Both judges blocked the fee. They did it for different reasons, and that difference shapes what happens next.

Judge Sorokin said the $100,000 charge works as a tax, and only Congress can create a tax. That is an argument about power. It says the executive branch could not charge this money at all.

Judge Gilliam focused on process. He found the agencies skipped the public notice-and-comment step the law requires, and never considered alternatives or how much employers relied on the old rules. That is an argument about procedure.

Here is why that matters to you. DHS built the new $103,265 proposal through formal rulemaking with a public comment period, which answers Judge Gilliam’s concern. It does not answer Judge Sorokin’s. DHS calls the new charge a fee under its fee-setting power, even though the amount is not based on what it costs USCIS to process a petition. So the next court fight is likely to turn on one question. Is $103,265 a fee or a tax?

There is another layer. The Washington, DC judge upheld the original fee in December 2025, and that appeal is still pending. If the appeals courts disagree with each other, the Supreme Court could step in. No one can tell you today how that ends, so plan for both outcomes.

What the $103,265 Proposal Would Change

The DHS proposal is not in effect. If DHS finalizes it as written, here is what changes.

1. The employer pays $103,265 at filing for every H-1B cap-subject petition, on top of all current fees.
2. It covers the master’s cap too, so a US advanced degree does not exempt you.
3. It reaches people already in the US. The original $100,000 fee mostly hit workers coming from abroad. The proposal applies to cap-subject petitions for people inside the US as well, including F-1 students moving to H-1B.
4. Cap-exempt employers, such as universities and nonprofit research groups, would not pay it.
5. As written, it does not apply to O-1, L-1, EB-1A, or EB-2 NIW cases.

If you are a student, look at this alongside a separate DHS proposal that would charge up to $100,000 in practical training fees for OPT and STEM OPT. Together, the two proposals would raise the cost of the usual student-to-H-1B route at both ends.

The Questions Most Coverage Skips

Can employers get back the $100,000 they already paid?

No refund process exists yet. The courts struck down the fee and did not order refunds. The government’s own September 2026 proclamation says employers paid the fee for only about 700 petitions in the first year. If your employer paid, ask them to keep the payment receipt and every related USCIS notice, and to speak with an immigration lawyer about recovery.

Who pays the fee?

The H-1B is an employer-sponsored visa, and the employer was responsible for the $100,000 payment. The new proposal also charges the employer at filing. If an employer asks you to cover any part of it, get legal advice before you agree.

How does this affect the H-1B lottery?

USCIS now runs a wage-weighted selection. A Level IV salary gets four entries in the selection pool, Level III gets three, Level II gets two, and Level I gets one. Registration usually opens in March. If the $103,265 fee becomes final, employers will think harder about who they register, and higher-paid roles will have better odds twice over. Talk to your employer about your wage level and timing now, before the next registration window.

Does the H-1B fee ruling help if I am already in the US?

The original fee rarely applied to you if you were changing status or extending inside the US. The new proposal could. If you plan to switch from F-1 or another status to H-1B, read our guide on H-1B change of status and watch for the final rule.

What You Should Do Now

Find the line that describes you and start there.

If you are outside the US with an H-1B offer

1. Ask your employer to file now while the courts block the fee.
2. Get your documents ready early so a consular delay does not cost you the window.
3. Check the USCIS and State Department pages again before you pay for travel.

If you are in the US on F-1 or OPT

1. Ask your employer if your role is cap-subject or cap-exempt.
2. Track both the H-1B and OPT fee proposals.
3. Check if you qualify for a route that does not depend on the lottery, such as O-1 or EB-2 NIW.

If you are a founder or executive

1. Ask yourself if you need an H-1B at all. Your own startup often cannot sponsor you easily.
2. Look at the O-1A, EB-1A, and EB-2 NIW. The EB-1A and EB-2 NIW let you file without an employer.
3. Start building evidence now. Strong cases take months to prepare.

If you are an employer

1. Budget for a scenario where a six-figure fee returns.
2. Keep proof of any fee you already paid.
3. Check if candidates fit O-1 or cap-exempt options.

Routes the H-1B Fee Does Not Touch

The H-1B is one door. If the cost keeps rising, these pathways give you other ways in, and none of them carries the H-1B fee.

Pathway	Who it fits	Need an employer?	Official page
US O-1	People with extraordinary ability or achievement in their field	Yes, a US employer or agent files	USCIS O-1
US EB-2 NIW	Advanced-degree or exceptional-ability professionals whose work serves the US national interest	No, you can file for yourself	USCIS EB-2
UK Global Talent	Leaders or potential leaders in academia and research, arts and culture, or digital technology	No, you need an endorsement or an eligible prize	GOV.UK Global Talent
Canada Global Talent Stream	Highly skilled workers hired by Canadian firms	Yes	Canada.ca GTS
Canada C10	Workers whose job brings a significant benefit to Canada	Yes, a job offer	IRCC C10 guidelines
Australia National Innovation visa (subclass 858)	People with an internationally recognized record of exceptional achievement	No	Home Affairs NIV

A few facts worth knowing before you pick one.

1. O-1. It is a temporary work visa with no annual cap and no lottery. See our O-1 visa requirements guide.
2. EB-2 NIW. It leads to a green card, and you do not need a job offer. Read EB-2 NIW.
3. UK Global Talent. The visa costs £766, lets you stay up to five years at a time, and can lead to settlement after three or five years.
4. Canada Global Talent Stream. Service Canada aims to process the employer’s application in 10 business days, and IRCC aims to process the work permit in two weeks, 80 percent of the time.
5. Canada C10. Since February 24, 2026, IRCC tells officers to use it only in unique or exceptional situations. Expect close review and prepare strong evidence.
6. Australia NIV. It is a permanent visa, so you get residence from day one.

For a side-by-side view, see H-1B Visa Alternatives 2026.

The Real Risk Is Waiting

Many people are holding off until the courts settle this. The appeals could take a year or more. In that time, a final $103,265 rule could land, an appeals court could reverse a ruling, and the next lottery will come and go.

The people who come through this period in good shape share one habit. They stop tying their future to a single visa and an employer’s budget. They build a profile strong enough to qualify on their own merit, and they keep two or three routes open at once.

If you have published work, led teams, built a company, won awards, or shaped your industry, you may already qualify for a talent-based visa. Most people who qualify never apply, because nobody showed them how to present what they have.

How Veripass Helps You Build a Case That Does Not Depend on the H-1B

This is where Veripass comes in. Veripass works with founders, executives, and skilled professionals on talent-based pathways, including the US O-1, EB-1A, and EB-2 NIW, the UK Global Talent visa, Canada’s C10 and Global Talent Stream, and Australia’s National Innovation visa.

Here is what that looks like in practice.

1. A clear read on your options. Veripass reviews your background against each pathway and tells you which ones fit now and which need more work.
2. Case positioning. The team shapes how you present your achievements so an officer quickly sees why you qualify.
3. Evidence building from start to finish. If your record has gaps, Veripass helps you close them. That includes writing and publishing articles under your name to show your expertise.
4. Support through every step. You get guidance from your first call until you file, so you never guess what comes next.

The H-1B fee ruling gave you breathing room. It did not give you certainty. A strong talent-based case gives you a route that works no matter how the appeals end.

Book your free discovery call with Veripass and find out which pathway fits your profile today.

This article is for general information only and is not legal advice, so speak with a licensed immigration attorney about your case because rules and fees can change.