UPDATE (6/15): A federal district court in Massachusetts has temporarily stayed its June 8, 2026 order vacating the $100,000 H-1B fee policy. As a result, USCIS is currently permitted to require the $100,000 fee for approval of H-1B petitions that are filed for consular notification. This is a quickly developing situation. Please check in with your immigration counsel to discuss how this will impact employers and employees. A federal district court in Massachusetts has vacated the Trump administration’s policy implementing a $100,000 fee on the entry of new H-1B visa holders.
The Trump administration enacted the $100,000 fee in a September 2025 presidential proclamation directing federal agencies to impose a $100,000 fee on all new H-1B petitions. (For background on the original proclamation, see our prior alert, Presidential Proclamation Imposes $100,000 Fee on New H-1B Petitions.) The court ruled that the payment requirement functioned as an unlawful tax and that the agencies’ implementation of the policy violates federal law. Accordingly, U.S. District Court Judge Leo T. Sorokin vacated and set aside the policy in its entirety across the country.
As a result, the $100,000 H-1B fee is no longer in effect nationwide unless a higher court issues a stay or reverses the decision.
Employers should continue to comply with all standard H-1B petition filing requirements, including payment of applicable USCIS filing fees, compliance with Labor Condition Application requirements and prevailing wage obligations, and other H-1B program rules.
Employers that were planning H-1B petition filings, delayed filings, or adjusted hiring plans because of the $100,000 fee should consult immigration counsel to assess next steps. The federal government may appeal the decision or seek emergency relief, so further developments are possible.
The immigration attorneys at Ryan Swanson will monitor the situation and are available to assist employers with H-1B planning and case strategy.
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