Federal court orders blocking the controversial payment have allowed applications to move forward, but processing delays and pending appeals leave employers and workers facing uncertainty
The United States has begun approving some H-1B visa petitions filed without the disputed $100,000 payment, offering potential relief to Indian professionals and employers seeking to recruit skilled workers from overseas.
The approvals by US Citizenship and Immigration Services (USCIS) follow federal court orders blocking enforcement of the additional fee. However, processing remains uneven, with some applications still awaiting decisions beyond the 15-business-day period applicable to premium processing, according to reports citing immigration law firm Meltzer Hellrung.
The development could encourage American companies to reconsider candidates based outside the US who had been excluded from recruitment plans because of the additional cost.
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The payment requirement was introduced through a presidential proclamation in September 2025 and applied to certain new H-1B petitions, particularly those involving workers outside the US who did not hold a valid H-1B visa
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The administration extended the policy in September 2026 through September 21, 2027
However, a federal court in Massachusetts struck down the agency measures implementing the payment in June 2026. The US Court of Appeals for the First Circuit subsequently declined to suspend that ruling while the government pursued an appeal.
In a separate case, a federal court in California blocked enforcement of the fee in late September, including under the extended policy. The government has challenged the court decisions, leaving the longer-term position unresolved.
Potential relief for Indian workers
Indian technology professionals, engineers, researchers and other skilled workers could benefit if employers resume sponsoring eligible overseas candidates.
Workers who previously held H-1B status but returned to India following layoffs or changes in employment may also have options to return, depending on their immigration history, eligibility and ability to secure employer sponsorship.
Some applicants who were previously counted against the H-1B annual cap may qualify for a new petition without entering the lottery again, provided they meet the applicable requirements and have time remaining under the six-year limit.
Professionals with valid, unexpired H-1B visa stamps may also be able to travel after their new employer’s petition is approved, subject to their individual circumstances and applicable entry requirements.
Legal uncertainty persists
Despite the latest approvals, the court proceedings are continuing. The government has maintained its position on the fee, and enforcement could change if the existing court protections are lifted or modified.
Employers have been advised to review pending applications and follow up with USCIS where processing deadlines have passed. They should also verify candidates’ visa status and immigration histories before finalising recruitment or travel plans.
For Indian professionals, the approvals represent progress rather than a blanket relaxation of H-1B rules. Individual eligibility, employer sponsorship and the outcome of the ongoing litigation will determine the extent of the relief.
