US Begins Approving H-1B Petitions Without Trump’s $100,000 Fee
The resumption of certain H-1B petition approvals without the additional $100,000 fee could reopen US hiring opportunities for Indian professionals working overseas. However, ongoing legal challenges and processing delays mean applicants and employers should review their eligibility before making plans.
US Citizenship and Immigration Services (USCIS) has started approving certain H-1B petitions filed without the additional $100,000 fee after federal courts blocked its enforcement. The development could reopen hiring opportunities for skilled foreign professionals, including Indian workers based outside the United States. However, processing delays and ongoing legal challenges continue to create uncertainty.
What Happened to the $100,000 H-1B Fee?
The fee was introduced through a presidential proclamation in September 2025 and primarily affected certain new H-1B petitions involving workers outside the US.
Two federal court rulings have since blocked enforcement of the requirement. A federal court in Massachusetts vacated the policy in June 2026, and the First Circuit Court of Appeals declined to pause that ruling while the government's appeal continued. In a separate case, a federal court in California also blocked enforcement in late September 2026.
The administration extended the proclamation through September 21, 2027, but the fee remains unenforced under the current court orders. The government has appealed the rulings, leaving the policy's longer-term status unresolved.
Why Are H-1B Petitions Still Facing Delays?
Some employers filed petitions without paying the fee, relying on the court decisions. However, several applications remained pending beyond the 15-business-day period associated with premium processing.
According to immigration law firm Meltzer Hellrung, approvals began coming through after the firm raised concerns about the delays and prepared a potential multi-company legal action. The firm reported that approvals started arriving without the lawsuit being filed.
Not all petitions are moving at the same pace, and premium processing does not guarantee approval.
Which H-1B Workers Could Benefit?
The latest development could encourage employers to reconsider candidates they previously excluded because of the additional cost.
Potentially affected groups include:
- Indian professionals outside the US: Employers may reconsider hiring candidates who were previously screened out because of the fee.
- Workers with previous H-1B status: Some individuals previously counted against the H-1B cap may qualify for another petition without entering the lottery again, depending on their eligibility and remaining time under the six-year limit.
- Workers with valid H-1B visa stamps: Some may be able to travel with an approved petition for a new employer without requiring a fresh consular appointment, depending on their circumstances.
An approved petition does not automatically guarantee entry into the US or permission to begin employment. Workers must meet the applicable immigration and travel requirements.
What Should Employers and Applicants Do Next?
Employers should review pending petitions, particularly those that have exceeded their premium processing timeframe, and reassess eligible overseas candidates. Applicants should confirm their petition status, visa validity and immigration history before making travel or employment plans.
For Indian professionals, the approvals offer a potential opportunity as employers reconsider overseas hiring. However, the $100,000 H-1B fee dispute remains under appeal, and the situation could change if the existing court orders are modified or lifted.
For official information, visit the USCIS H-1B Specialty Occupations page.
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