Federal Court Strikes Down $100,000 H-1B Fee Implemented by Trump Proclamation

UPDATE: On June 12, 2026, the federal judge who vacated the $100,000 H-1B fee paused his order until the First Circuit Court of Appeals rules on the Government’s motion to stay the ruling. The Judge has conditioned this order on the government filing their Stay Motion with the Appellate Court by June 18, 2026.

This means that, for now, the lifting of the $100,000 H-1B fee is paused, pending the First Circuit’s ruling on the Government’s anticipated motion to stay, as long as the Government files the motion by June 18.

On June 8, a federal judge struck down the $100,000 fee that employers had been required to pay when sponsoring beneficiaries of H-1B petitions that were filed or approved for consular processing. 

The decision, issued by Massachusetts District Judge Leo T. Sorokin, vacated the fee that USCIS put in place last September. The court determined that the President’s actions were not legally permissible and did not permit the agency to ignore the Administrative Procedure Act.

This means that the decision eliminates the $100,000 fee providing relief to employers sponsoring new H-1B visa holders. However, on June 11, the government appealed the decision. As a result, the government is expected to continue to apply the fee, until there is a final order by an appeals court or the Supreme Court rendering a final decision on the issue.

Given the broader H-1B regulatory landscape today, we strongly recommend consulting with immigration counsel before taking any action that could affect your status, including planning any international travel especially during this H-1B cap season.