US approves H-1B petitions without $100,000 fee. Here’s what workers and employers need to know

USCIS has started approving some H-1B petitions that were filed without the controversial $100,000 fee, giving employers a fresh reason to reconsider hiring skilled workers currently outside the US, according to a report by Meltzer Hellrung.

Meltzer Hellrung is a US immigration law firm that advises employers and workers on immigration matters, including H-1B visas and employment-based immigration.

The approvals come after weeks of delays at USCIS, with several petitions going beyond the 15-business-day deadline for premium processing. Employers had filed the petitions without paying the fee, relying on federal court orders blocking its enforcement.

Why the H-1B fee was blocked

A September 2025 presidential proclamation imposed a $100,000 payment on certain new H-1B petitions, mainly for workers outside the US. On September 18, 2026, the President extended the measure through September 21, 2027.

Two federal courts have since blocked the fee.

The District of Massachusetts vacated the fee in June 2026. In July, the First Circuit denied the government's request to stay that ruling while its appeal continues.

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At the end of September 2026, the Northern District of California also barred enforcement of the fee, including under the September 2026 extension. The government has appealed that decision to the Ninth Circuit.

USCIS has said it is complying with the court orders but will collect the fee if those orders are lifted.

USCIS approvals are now coming through

Employers that filed without the fee saw their petitions remain pending at USCIS service centres, even after the 15-business-day premium processing window had passed.

A multi-company mandamus action was then organised to push USCIS to act. According to the law firm involved, the cases have started moving after publicity around the action, without an actual lawsuit being filed.

However, approvals remain uneven. Some petitions are still pending and may need direct action if they have crossed the premium processing deadline.

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Recruiters may need to look abroad again

The development could also change how employers approach H-1B candidates outside the US.

Candidates who already have a valid, unexpired H-1B visa stamp may be particularly attractive. In many cases, they may not need a new consular interview and can travel with the new employer's approval notice.

Workers who were previously counted against the H-1B cap and still have time left on the six-year limit can generally be petitioned for without a new lottery.

However, workers outside the US cannot start until the petition is approved. Employers should also check the candidate's visa validity and previous H-1B status before making an offer.

What employers should do now

Employers should check pending fee-subject petitions, especially those filed with premium processing that have crossed 15 business days without action.

They should also move quickly on approved petitions and revisit hiring plans for candidates abroad while the court orders blocking the $100,000 fee remain in place.