H-1B $100,000 Fee Court Case: Where It Stands in 2026

Updated 2026-10-214 min readNot legal advice in W X

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As of October 21, 2026, two federal courts have blocked the $100,000 H-1B fee, one court upheld it, and all three cases are on appeal. The fee is not being collected now, but no appeals court has ruled on the merits. Here is where each case stands.

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Background

Proclamation 10973, signed September 19, 2025, requires a $100,000 payment for certain new H-1B petitions. It mainly affects workers outside the US.

Proclamation 11069, signed September 18, 2026, extends the fee period. Fragomen reports the new end date is September 21, 2027.

Three main lawsuits challenge the fee. They raise different legal arguments, which helps explain why the courts disagree.

One argument is that the President lacked power to charge the fee. Another is that agencies skipped required rulemaking steps. A third is that the fee works like a tax, not a regulatory charge.

Case 1: Chamber of Commerce v. DHS (Washington, D.C.)

The US Chamber of Commerce sued on October 16, 2025. The Association of American Universities joined as a co-plaintiff on October 24, 2025.

On December 23, 2025, the district court ruled for the government. Fragomen reports the court found the proclamation within the President's power under Section 212(f) of the Immigration and Nationality Act.

The Chamber filed a notice of appeal on December 29, 2025. The D.C. Circuit agreed to expedite the appeal in January 2026, Reuters reported.

As of October 2026, the Chamber's own case page lists the appeal, No. 25-5473, as pending. We could not find a published appeals decision.

Top H-1B sponsors, 2025US Department of Labor data

Employer	H-1B filings	Transfers	Median pay
Amazon.Com Services LLC	14,047	2,382	$155k
Cognizant Technology Solutions US CorpGC frozen	10,209	872	$110k
Ernst & Young U.S. LLP	9,808	269	$143k
Google LLC	7,899	844	$186k
Microsoft CorporationGC frozen	7,840	879	$173k
Tata Consultancy Services LimitedGC frozen	7,287	353	$86k

Every sponsor, with their open jobsSee the list ›

Case 2: State of California v. Mullin (Massachusetts)

Twenty states led by California sued in December 2025 in federal court in Massachusetts.

On June 8, 2026, the court vacated the agency guidance that implemented the fee. Ogletree reports the court found the fee works like a tax, not a routine regulatory charge.

The order was briefly stayed, and USCIS collected the fee again for a short time. On July 24, 2026, the First Circuit denied the government's request for a stay pending appeal.

USCIS says DHS disagrees but will comply while it considers next steps. The government's appeal on the merits is still pending.

Case 3: Global Nurse Force v. Trump (California)

A coalition of unions, employers and nonprofits sued in federal court in Oakland. Reuters reports they are represented by Democracy Forward.

On September 30, 2026, Judge Haywood Gilliam Jr. issued a preliminary injunction. He found the agencies likely skipped required rulemaking procedures.

VisaVerge reports the order covers fee policies under both Proclamation 10973 and Proclamation 11069. The proclamations themselves remain in place.

The government filed a notice of appeal to the Ninth Circuit on October 9, 2026, and asked for a stay. That request was pending at last report.

What is in effect right now

As of mid-October 2026, two separate orders block collection of the fee. A win for the government in one case would not, by itself, restart collection.

USCIS says it still plans to collect the payment if the Massachusetts order is lifted. Ogletree notes further stay requests or Supreme Court review are possible.

Fragomen notes that only USCIS collected the fee, at the petition stage. It also argues the court order should bar collection under the 2026 extension too.

Latest updates (October 2026)

These are the newest developments we could confirm, as of October 21, 2026:

October 9: The government appealed the California injunction to the Ninth Circuit and asked for a stay pending appeal.
October 13: Law firm Samper Law reported no court had paused the California order, so it remains in effect.
October 14: A Congressional Research Service report described the fee as temporarily blocked due to ongoing litigation.
October 21: We found no Ninth Circuit ruling on the stay request and no D.C. Circuit decision in the Chamber of Commerce appeal.
Next on the calendar: Samper Law lists a district court case management conference in the California case on October 27, 2026.

What to watch next

Any of these could change whether employers must pay. Check the USCIS H-1B page before relying on older news.

A D.C. Circuit decision in the Chamber of Commerce appeal.
A First Circuit decision on the merits in the Massachusetts case.
A Ninth Circuit ruling on the government's stay request in the California case.
Any request to the Supreme Court by either side.

Timeline at a glance

Sept. 19, 2025: Proclamation 10973 signed. The fee applies to certain petitions filed from Sept. 21, 2025.
Dec. 23, 2025: D.C. district court upholds the fee. The Chamber of Commerce appeals.
June 8, 2026: Massachusetts court vacates the agency guidance.
July 24, 2026: First Circuit refuses to pause that ruling.
Sept. 18, 2026: Proclamation 11069 extends the fee period to Sept. 21, 2027.
Sept. 30, 2026: California court issues a preliminary injunction covering both proclamations.
Oct. 9, 2026: Government appeals to the Ninth Circuit.

A separate track: the proposed $103,265 fee

DHS has also proposed a new $103,265 fee for H-1B cap-subject petitions through formal rulemaking. That proposal is not final.

It is legally separate from the proclamation fee. See our article on the proposed $103,265 fee for details.

What this means for you

If you are in the US, the fee generally did not apply to granted changes of status or extensions anyway. The court fight matters most for workers abroad.

Employers hiring from abroad face the most uncertainty. Many sponsors still hire people already in the US. Browse /h1b-jobs to find roles at companies that filed H-1B petitions in 2025.

This article is general information, not legal advice. Confirm your own situation with an immigration attorney.

Questions

Has any court struck down the $100,000 H-1B fee?

Yes. On June 8, 2026, a Massachusetts federal court vacated the agency guidance. On September 30, 2026, a California court issued a preliminary injunction.

Did any court uphold the fee?

Yes. The D.C. district court upheld it on December 23, 2025. The Chamber of Commerce's appeal is pending in the D.C. Circuit.

Is the fee being collected in October 2026?

No, based on USCIS statements and law firm reports. DHS says it will comply with the court order while appeals proceed.

Could the fee come back?

Yes. USCIS says it plans to collect the payment if the order is lifted. Appeals courts or the Supreme Court could change the outcome.

What is the latest on the $100,000 H-1B fee lawsuit?

As of October 21, 2026, collection is blocked by a Massachusetts ruling and a California injunction. The government's Ninth Circuit stay request and the D.C. Circuit appeal were still pending.

Do I need to do anything while the cases are pending?

If you are in the US and changing status or employers, the fee generally did not apply to granted petitions anyway. If an employer plans to hire you from abroad, ask its lawyer how it is planning for the fee coming back.