Live status · updated July 17, 2026
$100K H-1B supplemental fee — current status
The one-paragraph version
As of July 17, 2026, the $100,000 H-1B fee (Proclamation 10973, Sept 2025) is in effect — but only temporarily, by a federal district-court administrative stay. On June 8, 2026 the U.S. District Court for the District of Massachusetts vacated the fee in full (California v. Mullin), holding it an unlawful tax beyond the President’s authority; on June 12 the same court stayed its own order, so the fee keeps being collected while the government’s appeal proceeds at the First Circuit (No. 26-1699). Separately, the D.C. District Court upheld the fee on Dec 23, 2025 (Chamber of Commerce v. DHS), now on appeal at the D.C. Circuit (No. 25-5473) — so two courts have reached opposite results. The fee applies only to new petitions requiring consular processing for workers outside the US; it does NOT apply to in-US change-of-status, extensions, amendments, or existing H-1B holders.
⚠ Volatile — verify before relying. The “in effect” status flows from a stay of a vacatur. A First Circuit ruling on the pending stay motion (No. 26-1699) would flip it: a grant keeps the fee in effect through appeal; a denial lets the June 8 vacatur take effect. No First Circuit ruling had issued as of July 17, 2026 — re-check the First Circuit docket and the USCIS H-1B FAQ before acting.
This status can flip with one court ruling
The fee is in effect only because a vacatur is temporarily stayed. A First Circuit decision on the pending stay motion (No. 26-1699) would change the answer on this page. Get an email the day it does.
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What the fee applies to (and what it doesn’t)
Fee APPLIES
- · New cap H-1B petitions for workers outside the US
- · Consular processing applications for cap H-1B
- · First-time H-1B grants requiring overseas stamping
Fee DOES NOT apply
- · H-1B transfers (I-129 for workers already in US)
- · H-1B extensions / renewals
- · Change-of-status from F-1, L-1, etc. to H-1B in US
- · Cap-exempt petitions filed for a worker already in the US (a consular cap-exempt petition is less clear — confirm with counsel)
- · Amended petitions (no underlying status change)
USCIS’s own H-1B FAQ confirms these carveouts. The carveouts are critical for laid-off H-1B workers: a new employer’s transfer petition (you’re already in the US in your grace window) is NOT subject to the $100K fee.
Litigation timeline
'Restriction on Entry of Certain Nonimmigrant Workers' imposes a $100,000 payment on new H-1B petitions requiring consular processing for workers outside the US. Effective Sept 21, 2025 (12:01 a.m. EDT); self-expires ~Sept 21, 2026 absent extension.
Confirms the carveouts above — transfers, extensions, and in-US change-of-status are NOT subject to the fee.
State attorneys general challenging the proclamation on APA + delegation grounds. Early stage as of this writing.
Industry + research-university coalition seeking declaratory + injunctive relief.
Court found the proclamation within statutory authority. Plaintiffs appealed Dec 29.
Expedited briefing schedule per DC Circuit. Appellants brief Jan 9; government Jan 30. No oral argument scheduled as of this writing.
Preliminary injunction motion heard; no public decision in search results as of this writing.
Appeal of the Dec 23 ruling that upheld the fee. Briefing closed Feb 6, 2026; oral argument held in March; no decision issued as of this update.
Judge Sorokin grants summary judgment for a 20-state coalition and vacates the fee universally, holding it an unlawful tax the President lacked authority to impose (exceeds statutory authority; violates the APA). No. 1:25-cv-13829-LTS.
The government files a notice of appeal to the First Circuit (No. 26-1699). On June 12 the district court denies a full stay but grants a narrower administrative stay of its own vacatur — so the $100,000 fee CONTINUES for consular-processing petitions while the appeal is pending.
No First Circuit ruling on the stay motion has been reported. The fee remains in effect for consular-processing petitions by operation of the June 12 administrative stay. This is the most volatile fact — a First Circuit ruling would flip it. Re-verify the First Circuit docket (No. 26-1699) and the USCIS H-1B FAQ before acting.
What this means for laid-off H-1B workers
- Your transfer is unaffected.A new employer’s I-129 transfer petition (filed while you’re in your 60-day grace window) is NOT subject to the $100K fee per USCIS’s own FAQ.
- Extensions are unaffected. If your H-1B is about to expire and your employer (current or new) files an extension, the $100K fee does not apply.
- Cap-exempt employers remain a strong option — especially from within the US. Universities, research nonprofits, and affiliated entities (8 USC §1184(g)(5)) file any day of the year. Because the fee triggers on consular processing, a cap-exempt petition filed for a worker already in the US (change of status) avoids the consular trigger; whether a cap-exempt petition that requires consular processing is covered is not fully settled — confirm with counsel. Browse the cap-exempt database.
- If you depart and need to return on a NEW H-1B, the fee may apply.Returning workers requiring a fresh cap petition outside the US are within the fee’s scope. Plan accordingly — if you have an approved I-140, your priority date stays with you regardless of how you re-enter the line.
Tools that route around the fee
- 60-day grace calculator — confirms you’re still in valid status (your transfer is fee-free during this window).
- Cap-exempt employer database — the universe of employers who can file H-1B any day of the year, no fee.
- Concurrent H-1B feasibility — a second concurrent petition keeps you in valid status with no grace clock at all.
- AOS Equities Builder — if your priority date is current, filing I-485 avoids the consular pathway entirely (and the fee with it).
Get the personalized plan
For $9, get a personalized 60-day PDF action plan tied to your specific situation, including which $100K-fee carveout applies to your path. Or skip the PDF and get a free introduction to a vetted immigration attorney licensed in your state.
Start the 90-second intakeThis page summarizes publicly reported information about Proclamation 10987 and the active lawsuits. It is not legal advice and the litigation posture changes — we update when a court rules or USCIS issues new guidance. Always confirm current status with USCIS’s primary alerts page at uscis.gov/newsroom/alerts.