On September 19, 2025, Donald Trump announced a new $100,000 fee for H1-B visa applications for skilled foreign workers. On June 8, 2026, however, a federal judge in Massachusetts struck down that fee, holding that the executive branch exceeded its constitutional authority by imposing “a tax on H-1B petitions without the requisite delegation by Congress” and ruling that “The Policy implementing the Proclamation [announcing the fee] is declared unlawful and is VACATED in its entirety.” The ruling effectively returned the visa’s fee structure to the previous status quo. The judge’s ruling applied nationwide. However, the Department of Justice immediately filed a notice of appeal and requested, among other things, an administrative stay of the decision. The administrative stay was granted, allowing USCIS to continue collecting the fee through at least June 18, 2026.
Several cases have been filed so far challenging the fee. In one other case, the federal court in Washington, D.C., determined that the fee was lawful. That case has been appealed by the plaintiffs.
The inconsistencies in these rulings, and the appeals status of these cases, leave the ultimate fate of the fee still very much in limbo. We will continue to monitor developments and provide updates accordingly as the issue works its way through the appellate process. For now, we recommend that any clients seeking to employ a new H-1B employee from outside the U.S. verify the status of the $100,000 fee prior to filing their H-1B petitions.
If you have questions about this ruling or about H1-B visa petitions generally, please contact Melissa Jones or Kerianne Kemmerzell at Tydings.