- UThe United States has reportedly resumed approving certain H-1B visa petitions without the controversial $100,000 fee after federal courts blocked its enforcement
- Immigration law firm Meltzer Hellrung says approvals are coming through, although some premium-processing applications have exceeded the standard 15-business-day deadline
- Employers are being advised to review delayed applications and reconsider qualified foreign workers who were previously excluded from recruitment plans because of the additional cost
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The United States has begun approving certain H-1B visa petitions without requiring employers to pay the additional $100,000 fee introduced under President Donald Trump's administration, following federal court rulings blocking enforcement of the charge.
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The development could offer relief to US employers seeking skilled workers from overseas and foreign professionals whose recruitment opportunities were affected by the controversial fee.
According to a report by The Economic Times, immigration law firm Meltzer Hellrung confirmed that approvals were coming through. However, some applications submitted under premium processing remained unresolved beyond the usual 15-business-day deadline.
US courts block the $100,000 H-1B visa fee
The $100,000 fee was introduced through a presidential proclamation in September 2025. It targeted certain new H-1B petitions involving workers outside the United States.
The H-1B programme allows US employers to hire eligible foreign professionals for specialised occupations. It is commonly used to recruit workers in fields such as technology, engineering and other skilled professions.
The proclamation was extended on 18 September 2026, with the measure scheduled to continue until 21 September 2027.
However, two federal court proceedings have challenged the fee.
In June 2026, the US District Court for the District of Massachusetts vacated the fee requirement. The First Circuit Court of Appeals subsequently declined to pause that ruling while the government pursued an appeal.
Separately, the US District Court for the Northern District of California issued an order in late September 2026 barring enforcement of the fee, including under the extended proclamation.
These rulings have provided a basis for processing eligible petitions without the additional charge while the legal challenges continue.
US immigration authorities respond to court orders
US Citizenship and Immigration Services (USCIS), the federal agency responsible for administering immigration benefits, has indicated that it is complying with the court orders.
However, the agency has also indicated that it would collect the fee if the orders were overturned.
The legal disputes therefore remain significant for employers and foreign professionals. Although approvals are reportedly resuming, the longer-term status of the fee has not been definitively resolved.
The law firm also indicated that movement on pending applications followed public attention being drawn to processing delays.
Employers urged to review pending H-1B applications
The latest developments could allow companies to reconsider skilled foreign candidates who were removed from recruitment shortlists because of the additional financial burden.
Meltzer Hellrung advised employers to review applications that have exceeded the premium-processing deadline without a decision. Companies were also encouraged to reassess visa appointments and travel arrangements for workers whose petitions have been approved.
Employers may also wish to revisit applications from qualified overseas professionals who were previously excluded because of the fee.
However, each case requires an individual assessment, including the applicant's visa stamp, previous immigration status and H-1B history.
Some workers who previously held H-1B status and have time remaining under the programme's six-year maximum may qualify for new petitions without entering the annual lottery again. Eligibility depends on their individual immigration circumstances.
Can foreign workers start jobs while petitions are pending?
Not necessarily. Workers outside the United States generally cannot begin employment under H-1B portability provisions while their petitions remain pending.
Employers seeking to engage overseas workers before the relevant immigration authorisation is in place may need to consider alternatives, such as overseas contracting or employer-of-record arrangements. Any such arrangement must comply with applicable employment, tax and immigration laws.
The distinction is important: the reported resumption of approvals does not mean every pending applicant can immediately travel to the United States or start working.
What the visa fee ruling means for foreign professionals
The latest approvals could reopen opportunities for skilled workers whose prospects were affected by the $100,000 charge. US employers may also have greater scope to reconsider international recruitment plans while the court orders remain in effect.
Nevertheless, the final outcome will depend on the continuing legal proceedings and whether the existing orders remain in place.
For now, employers and applicants are being encouraged to review their individual cases carefully, monitor processing updates and confirm the applicable requirements before making travel or employment decisions.
Source: Legit.ng