10/13/2026
The $100,000 H-1B fee is blocked. Again.
And this time, it’s a second federal court saying no.
Let’s separate fact from panic.
First, what’s true:
✅ A federal judge in California issued a preliminary injunction that stops DHS from enforcing the $100,000 H-1B fee.
✅ It’s the second court order blocking the fee. A Massachusetts court already vacated it, and an appeals court refused to put that ruling on hold.
✅ The President extended the fee by proclamation last month. Even so, with two court orders in place, USCIS should not be collecting it.
Why the courts stopped it:
→ The California judge found the challengers are likely to win on the claim that DHS’s guidance was arbitrary and capricious
→ The court also found DHS likely skipped the notice-and-comment process required under the Administrative Procedure Act
→ The Massachusetts court went further. It treated the fee as a tax the proclamation had no proper authority to impose
What this means right now:
→ Employers filing H-1B petitions should not be paying the $100,000 fee
→ If an offer was put on hold because of the fee, it may be worth reopening that conversation
Worth knowing:
→ Not every court agrees. A federal judge in Washington, D.C. declined to block the fee
→ A preliminary injunction is temporary. It holds while the case moves forward, not forever
→ If USCIS argues the new proclamation falls outside the existing court orders, expect the challengers to push back fast
The fee is off the table for now.
“For now” is the part that matters, so plan with that in mind.
Was the $100K fee holding back your H-1B plans?
⚖️ PAPAGIKOS LAW
Employment-Based & Family-Based Immigration | Investor Visas
📞 (561) 866-8268
🌐 www.papagikoslaw.com
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📍 Boca Raton, FL