- USCIS has started approving some H-1B petitions without the $100,000 fee after court orders blocked it
- The fee was introduced in 2025 for certain new H-1B petitions involving beneficiaries outside the US
- Legal challenges have halted enforcement, with multiple courts blocking the fee and government appeals ongoing
The US Citizenship and Immigration Services (USCIS) has started approving some H-1B visa petitions filed without the controversial $100,000 fee, offering relief to employers and foreign professionals, including Indians.
The approvals follow federal court orders blocking enforcement of the payment requirement, although processing remains uneven and some applications are still pending beyond the 15-business-day premium processing deadline.
The development could reopen hiring opportunities for Indian professionals based outside the United States, particularly those whose employment prospects were affected by the additional cost of sponsoring overseas workers.
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The fee was introduced through a presidential proclamation in September 2025 and applied to certain new H-1B petitions, particularly those involving beneficiaries outside the US who did not hold a valid H-1B visa.
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The policy faced legal challenges, with the US District Court for the District of Massachusetts blocking its implementation in June 2026. In July, the US Court of Appeals for the First Circuit declined to pause that ruling while the government's appeal proceeded.
A second federal court, the US District Court for the Northern District of California, also blocked enforcement of the fee in late September, including under an extension of the policy. The government has appealed that decision as well, leaving the longer-term status of the fee uncertain.
Despite the court orders, some employers reported that petitions filed without the payment remained pending beyond USCIS's standard 15-business-day premium processing period. Immigration law firm Meltzer Hellrung said it had organised a potential multi-company lawsuit to compel the agency to act on delayed petitions. The firm subsequently reported that approvals had begun coming through without the lawsuit being filed.
However, not all applications are progressing at the same pace. Premium processing provides expedited adjudication within the applicable timeframe, but it does not guarantee approval.
What This Means For Indians
The additional fee had raised the cost of hiring certain skilled workers from abroad, prompting some US employers to reconsider candidates based outside the country. With enforcement currently blocked by court orders, employers may reassess applicants they had previously excluded because of the payment requirement.
Indian engineers, IT consultants, researchers and other skilled professionals living in India could benefit if employers resume or expand sponsorship for eligible overseas candidates. However, the impact will depend on individual circumstances, employer decisions and the outcome of the ongoing legal proceedings.
Indian professionals who returned home after layoffs or the expiry of their US immigration status may also have options to return, depending on their previous H-1B history, remaining eligibility and ability to secure employer sponsorship.
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Workers who were previously counted against the H-1B cap may qualify for a new petition without entering the lottery again in certain circumstances, provided they meet the relevant requirements and have time remaining under the six-year limit.
Some workers with valid, unexpired H-1B visa stamps may also be able to travel to the US after a new employer's petition is approved, potentially without needing a fresh consular visa appointment.
However, a valid visa stamp and an approved petition do not guarantee entry, and each worker's immigration history and eligibility must be assessed individually.
Legal Uncertainty Remains
Although the approvals offer some relief, the legal dispute over the $100,000 H-1B fee remains unresolved. The federal government has appealed the court rulings, and enforcement could change if the existing court protections are lifted or modified.
Employers with pending petitions may need to follow up with USCIS, particularly when applications have exceeded the applicable premium processing timeframe. They should also review the immigration histories and visa status of overseas candidates before finalising hiring or travel plans.
For Indian professionals, the latest approvals represent progress for some applicants rather than a blanket change to the H-1B system. The extent of the relief will depend on how USCIS handles pending petitions and how the courts resolve the challenges to the fee.
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