US Citizenship and Immigration Services (USCIS) has begun approving some H-1B petitions filed without the additional $100,000 payment, according to immigration law firm Meltzer Hellrung, which said the cases had remained pending beyond the premium processing timeframe.
According to the report, approvals were beginning to come through after employers filed petitions in reliance on federal court orders blocking enforcement of the payment. The development could offer relief to employers seeking to hire skilled foreign workers, including candidates who are currently outside the US.
However, the approvals do not mean the legal dispute over the fee has ended. The government has appealed court rulings blocking its implementation, leaving the policy’s longer-term status uncertain.
Courts block enforcement of the H-1B fee
The $100,000 payment was introduced through a presidential proclamation in September 2025 and applied to certain new H-1B petitions, particularly those involving workers outside the US. President Donald Trump extended the measure in September 2026 through September 21, 2027.
In June 2026, a federal court in Massachusetts struck down the government agencies’ actions implementing the payment. The US Court of Appeals for the First Circuit subsequently declined to pause that ruling while the government’s appeal proceeded.
A second federal judge, in California, blocked enforcement of the fee at the end of September, including under the 2026 extension. The judge found that the agencies had failed to follow required rulemaking procedures. The government appealed that decision to the Ninth Circuit.
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The courts’ orders have prevented the agencies from enforcing the payment under the challenged policies, but the appeals remain unresolved.
Employers report delays in pending petitions
According to Meltzer Hellrung, employers continued filing petitions without the additional payment after the court rulings, but some cases remained pending even after the 15-business-day premium processing period.
The firm said it had organized a potential multi-company lawsuit seeking to compel USCIS to act on delayed petitions. It added that approvals began arriving after the issue received publicity, without the lawsuit having to be filed.
The firm cautioned that progress was uneven and that some petitions could remain delayed. Employers with pending cases may need to follow up with USCIS, particularly where premium processing deadlines have passed.
Premium processing provides expedited adjudication within the applicable timeframe; it does not guarantee that a petition will be approved.
H-1B workers abroad may return to employers’ hiring plans
The development could prompt employers to reconsider candidates they had ruled out because of the additional payment. Meltzer Hellrung said workers abroad who already hold valid, unexpired H-1B visa stamps could be among the candidates worth reconsidering.
Some previously cap-counted H-1B workers may also be eligible for petitions without going through the lottery again, depending on their circumstances and remaining time under the visa’s six-year limit.
However, approval of a petition does not automatically allow a worker outside the US to begin employment there. Employers must check the candidate’s immigration history, visa validity and eligibility to travel and work before finalizing hiring plans.
