A September 19, 2025 presidential proclamation imposed a one-time $100,000 fee on new H-1B petitions for beneficiaries processed abroad. On June 8, 2026 a federal judge vacated the fee as an unlawful tax, and on July 24, 2026 the First Circuit denied the government's request to pause that ruling while it appeals. As a result the $100,000 fee is not currently enforceable for new H-1B petitions. Founders should discuss timing and appeal risk with immigration counsel.
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Court strikes down $100,000 H-1B fee; First Circuit lets ruling stand (July 2026)
Why this matters for founders
If you were holding off on sponsoring an H-1B hire because of the $100K sticker shock, that barrier is lifted for now, petitions previously stalled by the fee can move forward. But this is mid-appeal and could reverse, so if you have a strong overseas candidate, moving sooner reduces your exposure to a fee that may snap back if the government wins.
Source: American Immigration Council
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