Federal Court Strikes Down $100,000 H-1B Visa Fee

A nationwide ruling vacates the fee — but an appeal is expected.

Here's what it means for employers and workers.

On June 8, 2026, a federal judge in Boston struck down the $100,000 fee that the Trump administration had imposed on new H-1B visa petitions, ruling that the executive branch lacked the authority to create it. The decision applies nationwide.

What the Court Decided

U.S. District Judge Leo Sorokin held that the $100,000 payment was, in substance, a tax, and that the power to levy taxes belongs to Congress, not the President. In a 42-page opinion, the court found that the administration overstepped its authority and that the policy violated both the Administrative Procedure Act and the Constitution. The judge ordered the fee requirement set aside in its entirety. The case was brought by a coalition of 20 states, including New York.

Background: How We Got Here

The fee originated in a presidential proclamation signed September 19, 2025, titled Restriction on Entry of Certain Nonimmigrant Workers, which took effect September 21, 2025. As implemented, it required a one-time $100,000 payment for most new H-1B petitions filed for workers who were outside the United States. Per agency guidance issued in fall 2025, the fee did not apply to:

• Individuals already holding a valid H-1B visa;

• Petitions filed before the September 21, 2025 effective date, or already-approved petitions; or

• H-1B renewals and extensions.

Where It Stands Right Now

As a result of the ruling, USCIS has been ordered, for now, not to collect the $100,000 fee. However, this should not be read as a green light to file without it. The situation is highly fluid:

• The administration is expected to appeal quickly and may ask a higher court to pause today's ruling. If that request is granted, the fee could be reinstated while the appeal proceeds — potentially within days.

• As of this writing, USCIS has not issued its own guidance on how it will handle petitions in light of the ruling.

• A separate federal court reached the opposite conclusion in late 2025, upholding the fee in a related case now on appeal.

• The ruling does not address whether fees already paid will be refunded.

What This Means for You

This is a developing legal situation, not a settled change in the rules. If you are an employer or worker affected by the H-1B fee, please do not make filing decisions based on news reports alone. Whether a petition filed today would be subject to the fee depends on factors that could shift quickly, and acting on the assumption that the fee no longer applies carries real risk. Contact our office so we can advise you based on the most current status of the litigation and agency guidance.