The Trump administration's $100,000 fee on new H-1B petitions is not being collected right now. Two court orders have blocked it, and USCIS says it will comply. About 70% of H-1B petitions approved in fiscal 2025 went to people born in India, a USCIS report shows; China was second at about 12%.
What the courts did
- September 19, 2025: the presidential proclamation on the $100,000 fee.
- June 8, 2026: in a case brought by 20 states, a Massachusetts federal court struck the fee down as an unlawful tax. In July the First Circuit refused to pause that ruling.
- September 18: a second proclamation extended the fee to September 21, 2027.
- September 30: a California federal court blocked the policies under both proclamations. The government appealed on October 9.
- A separate proposed fee of $103,265 per cap-subject petition is not in effect. If finalised, it could apply from the April 2027 cap season.
The Congress shift
At the time of the IANS report, Democrats had at least 242 House seats to the Republicans' 151, and looked set for 54 Senate seats. The new Congress meets in January. Rep. Raja Krishnamoorthi called the tariff approach toward India, with duties of up to 50%, "a counterproductive approach that weakens a critical partnership". New Democrat Coalition members wrote that the H-1B fee "poses a serious threat to the healthcare workforce in our districts".
The government expects the fight to reach the Supreme Court. No dates are set for the appeals rulings.
