California Court Blocks Enforcement of $100,000 H-1B Proclamation Fee
A California federal court barred USCIS, CBP and State from implementing the proclamation-based $100,000 H-1B payment pending APA rulemaking compliance — a second injunction, after a Massachusetts ruling now on appeal.
On September 30, 2026, a federal district court in California enjoined USCIS, Customs and Border Protection and the State Department from enforcing or implementing any policy tied to the $100,000 H-1B payment created by Presidential Proclamation 10973 and extended through September 2027 by Proclamation 11069, until the agencies satisfy Administrative Procedure Act rulemaking obligations. The order issued in Global Nurse Force v. Trump, a coalition challenge brought by employers, unions, schools, healthcare providers and religious organizations.
The ruling is the second district-court setback for the fee: a separate Massachusetts decision already enjoined it and is under appeal in the First Circuit. For employers, the practical effect is that no $100,000 payment is presently required for H-1B petitions, including cases needing consular processing or port-of-entry admission. The source notes USCIS has signalled it intends to collect the payment if the injunction is later lifted, so budget and fee-reimbursement modelling may need revisiting.
Counsel should keep this requirement distinct from DHS's separately proposed $103,265 fee for H-1B cap-subject petitions, which remains in rulemaking, was not affected by the order, and is not in effect; its comment period closed September 24, 2026. Watch the First Circuit appeal and the California case management conference set for October 27, 2026.