H-1B $100,000 Entry Fee Litigation Tracker (Proclamation 11069)

Current status (updated October 14, 2026): Employers do not currently have to pay this $100,000 fee under these policies. On September 30, a federal judge in California ruled that DHS, USCIS, CBP and the State Department cannot apply the fee policy, including after the September 18 extension. The government had not first asked the public for comments or studied the policy’s effect on small businesses. The presidential proclamation itself remains in place. On October 9 the government appealed that ruling to the Ninth Circuit (notice of appeal, docket entry 132); we have found no appeals-court ruling yet. A Massachusetts court had already blocked the earlier fee policy in June, and the First Circuit did not pause that ruling in July. (September 30 court order; Massachusetts judgment; First Circuit order)

What is this about?

• In September 2025, Proclamation 10973 required that new H-1B petitions for workers outside the U.S. be accompanied by $100,000. USCIS and the State Department then issued 10 implementing documents (memos, FAQs, a fee schedule, a payment website, and so on).
• Twenty states sued. The case is State of California v. Noem (renamed State of California v. Mullin on appeal), case number 1:25-cv-13829-LTS, in the U.S. District Court for the District of Massachusetts, before Judge Leo T. Sorokin.
• On June 8, 2026, the court ruled for the states and set aside those 10 implementation documents. It said the payment worked like a tax, and that Congress—not the President—has the power to impose taxes. The court set aside the implementation documents, not the proclamation itself.
• On September 18, 2026, the President signed Proclamation 11069 (Federal Register document number 2026-19554, 91 FR 60497), extending the same restriction for another 12 months starting September 21. The proclamation does not mention the litigation anywhere.
• On September 30, a federal judge in California ruled that the agencies cannot apply the fee policies made under the 2025 proclamation or its September 18 extension. The judge said the government had not first asked the public for comments or studied the effect on small businesses. The presidential proclamation itself remains in place. (September 30 court order)

Timeline

1. September 19, 2025: Proclamation 10973 signed, effective September 21 (Federal Register 2025-18601)
2. October 3, 2025: Employers, unions, religious groups and others sue in the U.S. District Court for the Northern District of California, Global Nurse Force v. Trump, case number 4:25-cv-08454 (docket)
3. December 12, 2025: Twenty states sue in the U.S. District Court for the District of Massachusetts, State of California v. Noem, 1:25-cv-13829 (docket)
4. December 31, 2025: After losing in the U.S. District Court for the District of Columbia (1:25-cv-03675-BAH), the U.S. Chamber of Commerce and the Association of American Universities appeal; D.C. Circuit case number 25-5473 (docket)
5. March 9, 2026: Oral argument in the Chamber of Commerce case at the D.C. Circuit (docket entry)
6. June 8, 2026: The Massachusetts court rules, vacating the parts of the 10 implementing documents that require the $100,000 payment (judgment, opinion)
7. June 11, 2026: The government appeals; First Circuit case number 26-1699 (docket)
8. June 12, 2026: The district court denies the government's motion for a stay, but grants an administrative stay while the appeals court decides (per paragraph 3 of the government's September 15 motion)
9. July 24, 2026: The First Circuit (Judges Barron, Gelpí and Rikelman) denies the government's stay request; the June ruling takes effect again, and USCIS stops collecting the fee (order)
10. August 25, 2026: DHS separately publishes a proposed rule, "Fee for Certain H-1B Petitions" (RIN 1615-AD20, Federal Register 2026-17324), with comments due September 24
11. August 26, 2026: The government files its opening brief (refiled September 3 to meet formatting requirements) (docket)
12. September 9, 2026: The appeals court clerk grants the states an extension; their answering brief is now due November 4 (order)
13. September 15, 2026: The government asks the appeals court to reverse that extension, arguing among other things that the proclamation can be renewed, so the case will not become moot when it expires (motion)
14. September 18, 2026: Proclamation 11069 signed, effective 12:01 a.m. Eastern Daylight Time on September 21, running through September 21, 2027 (Federal Register 2026-19554)
15. September 21, 2026: The appeals court denies the government's request; the November 4 deadline stands (order)
16. September 24, 2026: Plaintiffs in Global Nurse Force file a notice in the case; the text is not in the public docket database (docket)
17. September 25, 2026: The U.S. Chamber of Commerce writes to the appeals court that the government has extended the restriction for another year, so the court should step in (according to Law360; the letter itself is not public yet)
18. September 30, 2026: A federal judge in California ruled that agencies cannot apply the fee policies under the 2025 proclamation or its September 18 extension for now. The proclamation itself remains in place. (September 30 court order, pp. 33–35)
19. October 9, 2026: The government appeals the September 30 ruling to the Ninth Circuit and asks the district court to stay proceedings (notice of appeal; motion to stay)

Which sources did we check?

How does this affect you?

H-1B workers already in the U.S. filing an extension or changing employers: Nothing to do. Both proclamations apply only to entry from outside the U.S., and right now the $100,000 implementing measures are vacated.

If you are outside the U.S. and your employer is about to file a new H-1B petition for you: According to the USCIS page, petitions filed now do not need the $100,000 payment. But the new proclamation is in effect on paper, and the government has said it "still intends to collect the fee if the order is lifted." If the petition can be filed sooner, file it sooner; don't wait.

Employer HR and attorneys: Watch two things: whether USCIS issues implementation guidance for the new proclamation, and the appeals court's decision. Do not pay the fee on your own under the new proclamation.

H-1B holders planning to travel abroad and come back: Check with your employer's attorney before you leave. The proclamation governs the act of "entry," and individual situations differ.

What you don't need to do: Don't delay a job change or give up on the lottery because of headlines saying the restriction was "extended another year." The only things that are certain right now: the money is not being collected, and the litigation isn't over.

What to watch next

• November 4, 2026: The states’ response brief is due in the First Circuit; the government may file a reply within 21 days. No argument date is set.
• How the Ninth Circuit handles the government's October 9 appeal of the California ruling (we have not found an appeal number or a request to pause the ruling).
• How the California district court handles the government's same-day motion to stay proceedings (responses due October 23, docket entry 133).
• Whether USCIS and the State Department issue new instructions for applying the fee policy after the new proclamation.
• The D.C. Circuit’s decision in the Chamber of Commerce case, argued in March.
• DHS’s final rule on the separate $103,000 fee proposal (1615-AD20).

Related articles

• H-1B $100,000 restriction extended another year: does it affect people already in the U.S. or waiting for a green card?
• New H-1B rule looks at company layoffs: will it affect your extension, job change or green card?
• A $103,000 surcharge per H-1B lottery petition: what the rule actually says
• H-1B and L-1 extension fees now apply more broadly

This article is for general information and is not legal advice.