Just weeks after a federal district court struck down the Trump administration’s controversial $100,000 surcharge on new H-1B petitions, the government has appealed and asked for a partial stay. As Bloomberg Law reports, employers are experiencing “legal whiplash”: while the fee is technically void, USCIS says it will continue to collect it for petitions filed on or after 1 August unless the First Circuit affirms the lower-court ruling. The fee, introduced in January, applies only to workers who are outside the United States at the time of filing and was pitched as a revenue generator to fund workforce-training programmes. Plaintiffs—led by the U.S. Chamber of Commerce—argued that DHS overstepped its statutory authority. Judge Maria De Leon agreed, calling the levy an unlawful tax. Yet her order gave the government 30 days to seek appellate relief. DHS promptly did so, citing potential losses of up to $2 billion annually. For global-mobility teams trying to secure talent for FY 2027, the uncertainty is acute. Filing at $10 might save six figures, but could invite a rejection or RFE if the stay is granted retroactively. Counsel are advising a dual-track strategy: budget for the fee, file with a protective payment, and request a refund if the appeal fails.
![$100,000 H-1B filing fee remains in limbo after court reversal—employers urged to plan]()
For employers and foreign professionals trying to keep pace with these shifting rules, VisaHQ can be a useful ally. The platform provides up-to-date information on U.S. visa categories, government fees, and document requirements while offering hands-on assistance with filings—helping companies stay compliant even as policies change unexpectedly. More details are available at
Others suggest re-timing assignments so workers enter in another status and change to H-1B domestically. The First Circuit has scheduled expedited briefing; a decision is expected by late September. If the fee is reinstated, companies could face millions in unplanned costs—not to mention strained relations with recruits promised sponsorship. Meanwhile, immigration advocates worry that the price tag effectively bars smaller employers from the programme.
For employers and foreign professionals trying to keep pace with these shifting rules, VisaHQ can be a useful ally. The platform provides up-to-date information on U.S. visa categories, government fees, and document requirements while offering hands-on assistance with filings—helping companies stay compliant even as policies change unexpectedly. More details are available at
Others suggest re-timing assignments so workers enter in another status and change to H-1B domestically. The First Circuit has scheduled expedited briefing; a decision is expected by late September. If the fee is reinstated, companies could face millions in unplanned costs—not to mention strained relations with recruits promised sponsorship. Meanwhile, immigration advocates worry that the price tag effectively bars smaller employers from the programme.
