A federal court ruled the $100,000 H-1B entry fee (from the Sept 2025 proclamation) unlawful on June 8, 2026, but the judge paused the decision and the government sought a First Circuit stay on June 18, so USCIS is still collecting the fee on qualifying new petitions involving consular notification. The fee mainly hits new petitions for beneficiaries abroad; extensions, amendments, and changes of status are exempt.
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$100,000 H-1B fee still applies in 2026 despite court striking it down
Why this matters for founders
Startups sponsoring H-1B talent from abroad should still budget for the $100k fee or structure filings as change-of-status/extensions where possible, and track the appeal before committing to a hire.
Source: Vorys
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