USCIS Complies with Court Order: $100K H1B Fee Requirement Vacated June 2026

On June 8, 2026, a federal court issued a decision vacating the $100,000 H1B payment requirement that had been imposed on employers sponsoring H1B visa workers. The ruling directly challenged the fee structure that had significantly increased the cost burden on companies seeking to hire or maintain foreign national employees on H1B status. In response to the court order, the Department of Homeland Security (DHS) announced it will comply with the ruling while evaluating its next steps. This signals that the agency is not immediately appealing the decision, though it leaves open the possibility of further legal or regulatory action down the line. For employers currently navigating H1B filings, the practical takeaway is significant: affected petitions can proceed without including the additional $100,000 fee, at least for the time being. Employers and their legal counsel should monitor developments closely, as DHS has indicated it is still considering its response. This development is particularly relevant to EB-3 applicants who are currently on H1B status and maintaining their nonimmigrant work authorization while awaiting green card approval. Any changes to H1B filing costs and procedures directly affect their ability to remain in status during the often lengthy EB-3 process. Immigration attorneys advise employers to document all filings submitted during this transitional period. Given that DHS is still weighing its options, the situation remains fluid and stakeholders should watch for further announcements from USCIS or the courts.