The $100,000 H-1B high fee has been put on pause by the court once again.
Recently, the U.S. Court of Appeals for the First Circuit denied the Trump administration's emergency motion for a stay, refusing to reinstate the $100,000 H-1B fee while the merits appeal is pending.
This means that the previous ruling by the U.S. District Court for the District of Massachusetts, which vacated the fee policy, remains in effect. At this stage, relevant U.S. employers are not required to pay this $100,000 fee for the time being.
However, it should be noted that this ruling is not a final judgment on the merits, and the $100,000 fee cannot be simply understood as having been "permanently cancelled."
What happened from the introduction of the policy to its latest freeze?
• September 2025: The Trump administration issued a presidential proclamation requiring certain individuals applying for H-1B visas through consular processing outside the United States to pay an additional $100,000.
• December 2025: 20 states, including California, Massachusetts, and New York, filed a lawsuit, arguing that this fee far exceeds the normal cost of visa processing and is essentially a fee imposed without congressional authorization.
• June 2026: The U.S. District Court for the District of Massachusetts ruled that the fee lacked clear congressional authorization and vacated the policy. The Trump administration subsequently filed an appeal and requested to reinstate the fee during the appeal process.
• July 2026: The Court of Appeals for the First Circuit denied the government's emergency motion. Therefore, the $100,000 fee remains frozen until the results of the merits appeal are announced.
However, this does not mean the policy has been permanently cancelled. The merits appeal is still ongoing, and other courts have previously reached different conclusions; even if the original presidential proclamation expires, the government may still change the legal basis or the form of the policy and reintroduce similar fee measures.
Therefore, more accurately, the $100,000 fee has only been temporarily blocked by the court, and the H-1B policy game is far from over.
Beyond the $100,000, the threshold for H-1B continues to rise
The $100,000 fee is just one part of the changes in H-1B policy. Even if this fee is eventually cancelled, applicants still face multiple pressures.
Intense competition for quotas. There are only 65,000 regular H-1B spots and 20,000 U.S. advanced degree exemption spots available each year. Faced with competition from global applicants, the long-term supply-demand imbalance remains, and the difficulty of being selected remains high.
Selection is increasingly favoring high-paying positions. The new mechanism links selection weight to wage levels, giving an advantage to high-paying, high-level positions, while recent graduates and entry-level applicants face greater pressure.
Application review remains strict. Whether a position qualifies as a specialty occupation, whether the degree matches the job, whether the salary meets the requirements, and whether the employment relationship is genuine may all become key areas of scrutiny.
Status is highly tied to the employer. H-1B requires employer sponsorship. In the event of layoffs, business adjustments, or difficulties in changing jobs, applicants must find a new employer or change their status within a limited time, which may directly affect their legal residency.
H-1B is always just a temporary work status. Even if you are successfully selected, it does not mean you have secured long-term residency in the U.S. Subsequent applications for employment-based green cards usually still rely on the employer and may face complex processes and long waiting periods.
Meanwhile, status management for F-category students and J-category exchange visitors is also tightening, placing higher demands on application timing and status compliance for the transition between studies, OPT, and H-1B.
From the $100,000 fee and wage-weighted selection to adjustments in review standards and student status management, H-1B is moving toward "high-salary priority, stricter reviews, and lower fault tolerance." For applicants, what truly requires vigilance is the uncertainty brought about by long-term reliance on lottery results, employer sponsorship, and policy trends.
Plan your green card path in advance to increase your status autonomy
The court ruling may have bought H-1B applicants a breathing space. However, it only addresses a temporarily frozen fee and does not change the overall direction of continued tightening of U.S. temporary work and student status.
For families who hope for their children to study, work, and develop long-term in the U.S., planning for green card status in advance allows children to avoid complete reliance on F-1, OPT, H-1B, or a single employer when choosing schools, majors, internships, and career paths in the future.
Among the various green card paths, EB-5 investment immigration is becoming increasingly popular. With the implementation of the new EB-5 law, its two major advantages have attracted attention: first, the opportunity for no waiting period brought by reserved visas; second, the "concurrent filing" policy, which allows applicants who have no waiting period and have legal status in the U.S. to file I-526E and I-485 simultaneously, quickly obtaining a Combo card to achieve legal residency and work authorization.
It is worth noting that EB-5 is currently facing a double countdown of "investment amount increase" and "grandfather clause expiration." On January 1, 2027, the minimum EB-5 investment amount will increase from $800,000 to $900,000-$950,000 or even higher, and the grandfather clause will expire on September 30, 2026.
Currently, WorldWay holds two high-quality EB-5 projects: "Deer Valley · Snow Ridge Residences" and "Marriott · Imperial Lake Resort", which can provide more choices for investment families with different needs. As the policy window gradually tightens and the number of spots for high-quality projects continues to decrease, families intending to plan for U.S. status should complete assessments and capital preparations as early as possible and initiate applications in a timely manner.
The earlier you establish a Plan B for your status, the more opportunities you have to keep the initiative for your future in your own hands. To help investment families better grasp the current window, WorldWay has launched a major promotion. From now until August 31, you can enjoy exclusive limited-time offers when processing EB-5 immigration, advancing your U.S. status planning at a better cost.
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