top of page
JLG-英文-透明底logo-with R mark.png

All rights reserved. All content of this blog is the property and copyright of Jia Law Group and may not be reproduced in any format without prior express permission.
 
Contact marketing@jiaesq.com for more information or to seek permission to reproduce content. This blog is intended for general information purposes only. It does not constitute legal advice. The reader should consult with knowledgeable legal counsel to determine how applicable laws apply to specific facts and situations. Blog posts are based on the most current information at the time they are written. Since it is possible that the laws or other circumstances may have changed since publication, please call us to discuss any action you may be considering as a result of reading this blog.

​

H-1B $100K Fee Struck Down for Now, Latest Developments Affect Hiring Strategy

  • Writer: Jia Law Group
    Jia Law Group
  • 3 days ago
  • 2 min read

On June 8, 2026, a federal court struck down the $100,000 H-1B fee rule nationwide. As of now, USCIS is not requiring the fee for H-1B filings.

 

However, this is not the final word on the issue.

 

The administration has indicated that it intends to appeal the June 8 ruling and may seek a stay pending appeal.

 

As of June 10, 2026, additional litigation developments have emerged. Counsel for the U.S. Chamber of Commerce has notified the D.C. Circuit of the June 8 federal court ruling striking down the $100,000 H-1B fee and has urged the appellate court to issue a decision by the end of June in a separate challenge involving the same rule. These developments highlight the continued legal uncertainty surrounding the fee rule and the possibility of additional court action in the coming weeks.



What this means for you right now:

  • No $100K fee is currently required for H-1B filings

  • The legal landscape remains fluid and could change quickly depending on appellate proceedings, any stay request, and related court decisions

  • Employers that previously paused filings may want to revisit timing and strategy now, especially for cap-exempt employers and beneficiaries currently overseas who have previously gone through the H-1B cap process

  • Filing decisions should remain flexible given ongoing legal uncertainty

 

What happens to payments already made:

 

Media reports suggest that approximately 70 employers may have already submitted payment. At this time, there is no clear guidance or ruling regarding refunds.

 

Any refund outcome remains uncertain and will likely depend on future appellate proceedings, court orders, and further agency action.

 

We will continue to monitor developments, including any appeal, stay request, or related appellate decisions that may affect the implementation of the fee rule, and are available to answer any questions regarding this development.

bottom of page