On July 24, 2026 the U.S. Court of Appeals for the First Circuit denied the government's request to stay a district-court ruling that vacated the $100,000 H-1B entry fee. As a result the fee cannot currently be enforced—USCIS and the State Department may not assess it on H-1B filings while the appeal continues.
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Appeals court keeps $100,000 H-1B fee blocked while appeal proceeds
Why this matters for founders
Startups can proceed with H-1B sponsorship without budgeting the $100,000 surcharge for now, but keep the money reserved as contingency since the appeal is unresolved and the fee could return.
Source: Littler
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