In a significant development for employers, universities, healthcare institutions, and foreign professionals, a federal judge has struck down the Trump administration’s controversial $100,000 fee on certain H-1B visa petitions. The ruling removes a major financial barrier that had disrupted hiring plans and created uncertainty for organizations relying on highly skilled international talent.
Background
The requirement originated from a presidential proclamation issued on September 19, 2025. The policy imposed a $100,000 payment on certain new H-1B petitions involving beneficiaries outside the United States, in addition to existing government filing fees. Federal agencies implemented the requirement shortly thereafter through agency guidance, FAQs, and updated fee schedules.
A coalition of twenty state attorneys general challenged the policy, arguing that the executive branch lacked legal authority to impose such a substantial charge and that the requirement would significantly impair their ability to recruit educators, healthcare professionals, researchers, and other critical workers.
What the Court Decided
On June 8, 2026, Judge Leo Sorokin of the U.S. District Court for the District of Massachusetts ruled that the $100,000 fee was unlawful and vacated the policy. The court concluded that the charge functioned as a tax rather than a regulatory fee and that Congress had not delegated authority to the President to impose such a tax. Because the Constitution grants taxing authority to Congress, the court found that the executive branch exceeded its authority.
The court also held that the government violated the Administrative Procedure Act by implementing the policy without following required rulemaking procedures and without adequately justifying such a significant departure from longstanding H-1B program administration.
What This Means for Employers
For now, the $100,000 H-1B fee is no longer in effect. Employers, universities, healthcare organizations, and other institutions that delayed hiring decisions or adjusted workforce plans because of the fee should reassess their options and consult immigration counsel regarding pending or future filings.
However, employers should be aware that this may not be the final chapter. The government is expected to appeal the ruling, and litigation involving the fee remains active in other federal courts. As a result, additional developments are likely in the coming months.
Planning Your Next Steps
We are continuing to follow this case closely. If your organization was affected by the fee or is planning upcoming H-1B filings, we are happy to talk through what this ruling means for you. Contact EO Immigration at info@eoimmigration.com or call (305) 391-2105 to schedule a consultation.
