H-1B $100,000 Fee Suspended: USCIS Will Not Collect Payment – But Warns It Could Return

The U.S. Citizenship and Immigration Services (USCIS) has formally updated its H-1B guidance following the First Circuit Court of Appeals' July 24, 2026 decision denying the federal government's emergency stay. The Department of Homeland Security (DHS) confirmed through an official alert that it will comply with the court's order and will not enforce or collect the controversial $100,000 supplemental H-1B payment while the vacatur remains in effect. For employers currently managing H-1B filings or active Requests for Evidence (RFEs), this update provides immediate practical relief. Petitions and RFE responses can now be submitted without attaching proof of a $100,000 pay.gov payment or requesting a special exception. USCIS adjudicators are bound by this new agency guidance to process filings accordingly. However, the situation remains legally precarious. DHS explicitly stated on the record that it strongly disagrees with both the District Court's original vacatur and the First Circuit's refusal to grant a stay. The agency issued a direct warning: if the court order is later lifted, it fully intends to collect the payment — raising concerns about potential retroactive collection or future demand notices. The Department of Justice is widely expected to seek emergency intervention from the U.S. Supreme Court. Should the Supreme Court grant a stay through its shadow docket, USCIS could reinstate the $100,000 payment requirement with virtually no advance notice, leaving little time for employers to prepare. For EB-3 applicants who are currently on H-1B status — a common situation for foreign nationals awaiting green card processing — this ruling offers temporary financial relief but underscores the importance of monitoring ongoing litigation. The legal landscape could shift rapidly depending on Supreme Court action.