What's Happening
Since our June 8 Alert, the litigation surrounding the $100,000 H-1B fee has evolved quickly.
On June 12, 2026, the U.S. District Court for the District of Massachusetts temporarily paused its June 8 order vacating the $100,000 H-1B fee requirement. The pause is temporary and will only last through June 18, 2026 while the government seeks appellate review before the U.S. Court of Appeals for the First Circuit. As a result, the June 8 vacatur is currently paused and the fee requirement remains in effect until at least June 18, 2026.
Read MoreThe guidance below is intended to help employers and employees navigate the H-1B filing process, avoid potential pitfalls, and provide clarity regarding if and when the $100,000 fee may apply to a particular petition. However, we strongly recommend discussing the specific facts of each individual case with your attorney at D&S.
Why is The H-1B Filing Process This Year Different?
In addition to the changes in the H-1B lottery discussed here, the introduction of the $100,000 fee for certain H-1B petitions has made the post-selection phase of the H-1B cap process more nuanced than in prior years. The new rules governing the $100,000 H-1B fee mean that routine cap-season decisions, such as filing strategy, employee location and status at the time of filing, and international travel during the filing process, now require even more deliberate planning.
Read MoreWhat’s Happening
On October 20, 2025, the United States Citizenship and Immigration Service (USCIS) updated the H-1B Specialty Occupation page of its website with additional information about the new $100,000 H-1B fee, including additional clarification on its scope, how the fee can be paid, and how National Interest Exceptions can be requested.
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