USCIS appears to be deciding H-1B petitions again for workers outside the United States — without collecting the $100,000 fee. Immigration attorneys report that premium-processing petitions filed between June and August 2026, effectively held for weeks past USCIS's 15-business-day premium window, are now being adjudicated, according to a Harris Beach Murtha law alert.
The fee itself remains blocked. Courts in Massachusetts and California each vacated it nationwide, the government has appealed, and the First Circuit declined to keep the fee in effect while the appeals proceed. A proclamation extending the fee through September 21, 2027 has no current effect, and a separate proposed $103,265 fee for cap-subject petitions is a proposal only — not in effect.
This is general information, not legal advice, and the status can change on appeal. Employers should check USCIS guidance on the day they file.
