US approves H-1B petitions without $100K fee

The US Citizenship and Immigration Services (USCIS) has started approving H-1B visa petitions that were filed without the $100,000 fee, following federal court orders blocking its enforcement, even as several applications remained pending beyond the 15-business-day deadline for premium processing.The approvals are a relief for employers who filed petitions in reliance on the court orders, though the pace of processing remains uneven, according to immigration law firm Meltzer Hellrung.Also Read: US proposes ending deference policy for H-1B extensions; Indian workers may face closer scrutinyThe development could also reopen hiring opportunities for employers who had avoided candidates based outside the US because of the fee.Federal courts blocked the feeThe $100,000 payment was introduced through a presidential proclamation in September 2025 and primarily affected certain new H-1B petitions for workers outside the US. The proclamation was extended on September 18, 2026, until September 21, 2027.Also Read: US ends 540-day automatic work permit extension for immigrants: What changes nowTwo federal courts have since blocked the fee. The US District Court for the District of Massachusetts vacated it in June 2026, with the First Circuit Court of Appeals subsequently denying the government's request to stay the ruling pending an appeal.In a separate case, the US District Court for the Northern District of California barred enforcement of the fee in late September, including under the extended proclamation. The government has appealed that ruling to the Ninth Circuit.USCIS has said it is complying with the court orders but would collect the fee if the orders are lifted. Both legal challenges remain pending.Delayed petitions begin movingEmployers had filed petitions without paying the fee, relying on the court rulings. However, many applications remained pending across USCIS service centres beyond the 15-business-day period applicable to premium processing.Meltzer Hellrung said it had organised a multi-company mandamus action to compel USCIS to adjudicate the delayed petitions. The firm said the approvals began coming through after it publicised the issue, without the lawsuit being filed.However, not all applications are progressing at the same pace. Petitions that remain pending beyond their premium processing deadlines may require further action, the firm said.Employers urged to reconsider overseas candidatesThe approvals could prompt employers to reconsider candidates based outside the US, many of whom had been screened out because their petitions were expected to attract the fee.Candidates who already hold a valid, unexpired H-1B visa stamp may be able to return to the US with a new employer's approved petition, potentially avoiding the need for a fresh consular visa appointment in many cases.Workers who have previously been counted against the H-1B cap and have time remaining under the six-year limit may also be eligible for a new petition without entering the lottery again.The firm said the overseas talent pool includes workers who left the US after layoffs or a lapse in immigration status, as well as those employed by multinational companies abroad.However, workers outside the US cannot begin employment under H-1B portability rules while awaiting approval. Employers may explore overseas contracting arrangements or employment through an employer of record, subject to applicable legal requirements.What employers should do nextEmployers are advised to review all pending petitions subject to the fee, particularly those filed under premium processing that have crossed the 15-business-day deadline without a decision.Also, employers whose petitions have been approved should promptly assess visa appointments and travel plans while the court orders remain in force. They should also reconsider candidates abroad who were previously excluded from hiring plans because of the fee.The firm recommended reviewing candidates' visa stamps, previous immigration status and H-1B histories before making offers, noting that individual circumstances will determine how quickly a worker can return to the US.