Yet Another $100,000 H-1B Visa Fee Update

Following the First Circuit Court of Appeals' July 24 decision denying the federal government’s emergency stay, U.S. Citizenship and Immigration Services (USCIS) has formally updated its official H-1B guidance to reflect the ruling.

In a formal alert published on its website, the Department of Homeland Security (DHS) confirmed that it will comply with the court’s order and will not enforce or collect the $100,000 supplemental payment for affected H-1B petitions while the vacatur remains active. DHS still made a point to explicitly state on the record that it strongly disagrees with both the District Court’s underlying vacatur and the First Circuit’s refusal to grant a stay pending appeal. The alert includes a direct warning that if the order is later lifted, DHS still plans to collect the payment.