DHS explains what will happen to H-1B visa fees after a court overturns them and the administration appeals the ruling.
After the court struck down the $100,000 fee on H-1B visas, the Donald Trump administration appealed the ruling by U.S. District Judge Leo Sorokin. But before any further development, the Department of Homeland Security has clarified what will happen now.
The agency issued a 58-word memorandum that stated: On June 8, 2026, the U.S. District Court for the District of Massachusetts issued an order vacating the agency’s guidance implementing the $100,000 payment requirement for certain H-1B petitions. See state California v. Mullen1:25-CV-13829 (Dr. Mass). DHS strongly disagrees with the court order and is considering next steps. However, DHS will abide by the court order.According to experts, this memo means that DHS will not receive the fees as of now. “As the current situation stands, employers appear to be able to move forward with affected H1B filings without additional fees, subject to any future developments,” Murthy Law Firm said.
Who pays the $100,000 visa fee? What happens now?
Following President Donald Trump’s announcement on September 19, companies hiring skilled employees in the H-1B visa program will have to pay a $100,000 fee if the candidate has to go through consular processing, meaning a fee is payable if the candidate is not located in the United States.20 states filed with the court against the order, and the court said that the Trump administration exceeded its authority by raising the fees without the approval of Congress.Very few companies were willing to pay Trump’s fees. The government had received just 85 fee payments, worth $8.5 million in revenue, as of mid-February, according to the government’s March court filing. “The $100,000 fee was not successful in terms of revenue generation,” said Bernhard Mueller, co-head of the immigration practice at law firm Ogletree Deakins.The court’s ruling applies not only to the 20 states that filed the lawsuit, but to the entire country. As long as there is no order stopping this ruling, there will be no $100,000 fee to file an H-1B application.