Trump's $100,000 fee for new H-1B petitions for foreign workers who are based abroad will sunset in September, but the 2025 proclamation implementing the fee left open the possibility for the president to extend it.

Attorneys said they will be watching closely for information about whether the administration will suspend the fee, which could moot ongoing litigation over the payment, or reinstate it.

According to Duane Morris LLP partner Maxine Bayley, companies are just now starting to discuss whether they would want to resume filing H-1B petitions if the fee is ultimately invalidated in litigation, or if Trump decides not to extend it when it sunsets in September. For now, Bayley said the fee is "up in the air" in light of a district court's June ruling finding it unlawful. The administration has since appealed that ruling.

"We're really just in the beginning stages of figuring that out," Bayley said.

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