北美留子今天还活着  /  Tracking  /  $100,000 H-1B fee

$100,000 H-1B fee

Blocked by two courts, both appealed; renewed to Sep 2027; new fee rule proposed Blocked
Updated Oct 9, 2026 H-1BF-1OPT

Two tracks. (1) Proclamation 10973's $100,000 payment on H-1B workers entering from abroad is blocked by two federal courts: Massachusetts vacated it on June 8, 2026 (the First Circuit refused to stay that ruling), and on Sep 30, 2026 a California judge vacated the agencies' implementing policies and barred enforcement until DHS does proper notice-and-comment rulemaking; the government appealed that order to the Ninth Circuit on Oct 9. Trump renewed the proclamation through Sep 21, 2027 on Sep 18 while the appeals run. (2) DHS separately proposed a $103,265 fee on every cap-subject H-1B petition, including F-1/OPT change-of-status filings and cap-exempt employers; comments closed Sep 24, 2026, not in effect until a final rule. A companion Sep 18 order tells DOL/DHS/State to weigh an employer's recent or planned layoffs of U.S. workers when adjudicating H-1B petitions.

中文两条线并行。(1)2025 年 9 月总统公告对从海外入境的新 H-1B 收取 10 万美元,目前被两家联邦法院叫停:马萨诸塞州法院 2026 年 6 月 8 日撤销(第一巡回法院拒绝暂缓),加州法院 9 月 30 日又撤销了各机关的执行政策,并禁止在完成正式的通知与评论程序前执行。政府已于 10 月 9 日就加州裁决向第九巡回上诉法院上诉。特朗普 9 月 18 日仍将公告延长至 2027 年 9 月 21 日,等待上诉结果。(2)DHS 另行提议对所有 cap-subject H-1B 申请收取 103,265 美元,包括 F-1/OPT 境内转身份和 cap-exempt 雇主,评论期已于 9 月 24 日结束,最终规则出台前不生效。同日另一行政命令要求 DOL/DHS/国务院审理 H-1B 时考虑雇主近期裁员美国员工的情况。

Timeline

  1. Proclamation 10973: $100,000 payment on new H-1B entries; 12-month term
  2. Judge Sorokin (D. Mass.) grants summary judgment to 20 states and vacates the agencies' implementing policies as APA violations and ultra vires (State of California v. Mullin, No. 1:25-cv-13829) Court opinion (Dkt. 106); judgment Dkt. 107
  3. First Circuit denies stay pending appeal (California v. Mullin, No. 26-1699); fee stays blocked Court order (entered Jul 24; Dkt. 117 in the D. Mass. docket)
  4. USCIS announces proposed $103,265 fee on all cap-subject petitions
  5. NPRM 'Fee for Certain H-1B Petitions' (Docket USCIS-2026-0298); comments through Sep 24, 2026
  6. Correction notice to the NPRM
  7. Proclamation renewed: $100,000 entry restriction extended to Sep 21, 2027, national-interest waivers only
  8. Order: agencies must consider employer layoffs of U.S. workers in H-1B adjudications; DOL/DHS/State data sharing
  9. Judge Gilliam (N.D. Cal.) vacates the agencies' $100K fee policies, including for the renewed proclamation (No. 11069), and bars enforcement pending notice-and-comment rulemaking (Global Nurse Force v. Trump, No. 4:25-cv-08454) Court order (Dkt. 130)
  10. Government appeals the N.D. Cal. order to the Ninth Circuit (No. 26-6667) and asks the district court to stay proceedings Notice of appeal (Dkt. 132); stay motion Dkt. 133

Related official updates

MealeyOct 30, 2026

Stay Denied In Federal Suit Challenging H-1B Fee Policy As Agencies Appeal Vacatur

A court denied a stay sought in the federal lawsuit challenging the H-1B $100,000 fee policy, while the agencies' appeal of the vacatur continues, Mealey's reports.

Boston GlobeOct 16, 2026

Dr. Rasha Alawieh, deported R.I. kidney doctor, loses appeal in federal court

A federal appeals court rejected the appeal of Dr. Rasha Alawieh, a Rhode Island kidney transplant physician who was deported in 2025 despite holding a valid H-1B visa, the Boston Globe reports.

NewsweekOct 16, 2026

H-1B Visa Salary Threshold Could Hit $140,000 Under New Bill

A new bill introduced in Congress would raise the required H-1B wage threshold to as much as $140,000, Newsweek reports. If enacted, it would significantly raise the cost of sponsoring H-1B workers for employers.

Higher Ed DiveOct 15, 2026

Trump admin reignites court battle over student deportations based on speech

Higher Ed Dive reports the Trump administration has revived legal action over the deportation of international students based on their speech, escalating an ongoing court fight affecting F-1 visa holders.

Federal RegisterOct 14, 2026

Removing Deference to Prior USCIS Determinations of Eligibility

DHS proposes removing the longstanding policy of deference to prior USCIS approvals involving the same facts when adjudicating extension requests, which would require H-1B and other nonimmigrant worker extension petitions to be re-proven from scratch each time.

NewsweekOct 13, 2026

H-1B Visa renewals face tougher reviews under Trump proposal

Newsweek reports that H-1B visa renewals will face tougher USCIS reviews under a Trump administration proposal to end the agency's deference to prior approvals of H-1B workers.

BloombergOct 13, 2026

Deference to Prior H-1B Worker Approvals Nixed in DHS Proposal

DHS proposed removing the deference previously given to prior USCIS approvals when adjudicating H-1B extension petitions, which could lead to increased scrutiny on renewals, Bloomberg reports.

BloombergOct 12, 2026

Trump Appeals Court Loss That Blocked $100,000 H-1B Fee Policies

A federal appeals court ruled against the Trump administration, upholding a block on the proposed $100,000 H-1B visa fee policy, Bloomberg reports. H-1B employers and workers are affected by the continued block on the fee.