US Immigration Agency Approves H-1B Visas Without Fee

The US has begun processing and approving H-1B visa petitions without the $100,000 fee introduced by President Donald Trump through a proclamation in September 2025. This fee targeted certain new H-1B petitions for workers outside the United States and was extended on 18 September 2026 until 21 September 2027.

Two federal courts blocked the fee: the US District Court for the District of Massachusetts vacated the requirement in June 2026, and the First Circuit Court of Appeals refused to pause that ruling. Additionally, the US District Court for the Northern District of California issued an order in late September 2026 barring enforcement of the fee.

The US Citizenship and Immigration Services confirmed compliance with both court orders but indicated it would collect the fee if those orders were overturned. Employers can now reconsider skilled overseas candidates previously removed from recruitment shortlists due to the fee, and workers with time remaining in their six-year maximum may be eligible for new petitions without re-entering the lottery.