On June 8, 2026, a federal court issued a nationwide ruling striking down the $100,000 H-1B filing fee. Effective immediately, USCIS is no longer requiring that fee for H-1B petitions.
This is significant relief for employers who had been pausing filings or scrambling to budget for the additional cost. However, this is not the end of the story, and the legal landscape is still shifting.
The Administration May Appeal
The administration has signaled its intention to appeal the June 8 ruling and may seek a stay of the decision while that appeal is pending. A stay, if granted, could reinstate the fee requirement while the case continues to
work through the courts.
Additional Litigation Is in Motion
As of June 10, 2026, counsel for the U.S. Chamber of Commerce has notified the D.C. Circuit of the June 8 ruling and is urging the appellate court to issue a decision by the end of June in a related challenge involving the same fee rule. These parallel proceedings add another layer of uncertainty to an already fluid situation.
What This Means for You Right Now
The $100,000 fee is not currently required for H-1B filings. That said, the legal picture could change quickly depending on how the appellate courts respond, whether a stay is granted, and how related litigation unfolds.
Employers who put H-1B filings on hold due to the fee may want to revisit their timing and strategy now. This is especially worth considering for cap-exempt employers and for beneficiaries who are currently abroad and have already gone through the H-1B cap process. At the same time, filing decisions should remain flexible given how quickly this situation can change.
What About Payments Already Made?
According to media reports, approximately 70 employers may have already submitted the $100,000 fee. At this time, there is no formal guidance or court order addressing whether those funds will be refunded. Any refund outcome will likely depend on future appellate decisions, court orders, and further agency action.
We Are Monitoring This Closely
BCA Law Firm will continue to track developments as they unfold, including any appeal, stay request, or new appellate rulings. If you have questions about how this ruling affects your H-1B filings or workforce planning, we encourage you to reach out to our team directly.
