Last year, the federal government implemented a policy requiring a $100,000 fee for certain H-1B petitions. On July 24, 2026, the U.S. Court of Appeals for the First Circuit issued an order denying the federal government’s motion for a stay pending appeal of an earlier ruling in the District of Massachusetts that struck down the fee (June 8, 2026). Thus, the June 8, 2026, court ruling eliminating the fee stands as issued. This means that the $100k fee to file certain H-1B petitions, proclaimed by the federal government on September 19, 2025, is not in effect at this time.

H-1B petitions may proceed as they did prior to September 21, 2025, when the fee was implemented by proclamation. IFSS will update further information or guidance on this topic as it becomes available.

Questions should be addressed to UW-Madison’s International Faculty and Staff Services (IFSS). Resources on the H-1B process may be found on the IFSS website.