Post by Law Office of Thomas V. Allen

𝗧𝗵𝗲 $𝟭𝟬𝟬,𝟬𝟬𝟬 𝗛-𝟭𝗕 𝗙𝗲𝗲: 𝗪𝗵𝗮𝘁 𝗘𝗺𝗽𝗹𝗼𝘆𝗲𝗿𝘀 𝗡𝗲𝗲𝗱 𝘁𝗼 𝗞𝗻𝗼𝘄 𝗧𝗼𝗱𝗮𝘆 There has been a lot of misinformation circulating over the past few days about the proposed $100,000 H-1B fee. Some posts claim it has been struck down. Others say it is fully in effect. The reality is more nuanced. A federal district court initially ruled that the $100,000 fee was likely unlawful and blocked its enforcement. However, the same court issued an administrative stay, temporarily allowing USCIS to continue collecting the fee while the appeal moves forward. So where does that leave employers today? • The fee is currently enforceable because of the temporary stay. • The underlying lawsuit is still pending, and no final decision has been reached. • The fee primarily impacts H-1B petitions requiring consular notification or visa issuance abroad This is a developing legal issue, and the status can change again as the First Circuit reviews the case. Employers planning overseas H-1B hires should continue budgeting and strategizing based on the fee's current enforceability while closely monitoring further court developments.