Court vacates $100,000 H-1B fee for now

A federal judge in Boston just knocked down one of the biggest shocks in U.S. work immigration: the $100,000 fee on certain new H-1B petitions. For now, employers are not required to pay that charge. The White House says it will appeal, so treat this as a pause, not a final win.

The ruling on 8 June 2026 comes from U.S. District Judge Leo Sorokin in a lawsuit filed by 20 states. It clashes with an earlier decision in Washington, D.C. that upheld the same fee. That split is why U.S. immigration policy still feels like a ping-pong match in 2026.

What the fee was

• Announced in September 2025 under a presidential proclamation, the charge applied to many new H-1B cases filed for consular processing abroad.
• It pushed employer costs from the usual thousands of dollars in filing fees to $100,000 per petition for covered cases.
• The H-1B cap remains 65,000 visas per year, plus 20,000 for applicants with a qualifying U.S. advanced degree.
• Press and court filings say the fee deterred filings. By mid-February 2026, only a small number of employers had paid it.
• F-1 students changing status to H-1B inside the U.S. were generally outside the fee, a large share of new H-1B hires each year.

What the court held

• Judge Sorokin ruled the payment works as a tax, and Congress, not the president alone, must authorize taxes of this size.
• The decision also faults the rollout under the Administrative Procedure Act, the federal rule that governs how agencies issue major policies.
• The order vacates the fee nationwide for now, not just for the suing states.
• A separate federal court in D.C. had upheld the fee in December 2025, so employers face conflicting court orders until appeals courts sort it out.

If you are an employer or worker

This changes cost and timing, not whether you qualify for an H-1B. Specialty occupation rules, wage levels, and lottery mechanics are still the core story.

If you delayed a petition because of the six-figure charge, talk to counsel about whether your filing window is open again under the Boston ruling. If you already paid, refund rules are unclear in the public orders I have seen. Do not assume automatic money back.

What I would do this week

1. Read the PBS/AP summary and ask your lawyer how the D.C. vs. Massachusetts split affects your case.
2. Watch USCIS and the Federal Register for any stay or appeal that revives the fee mid-process.
3. If the U.S. route feels too volatile, skim our United States country page and USA vs Canada comparison for backup plans.

News summary only, not legal advice. H-1B policy can flip again on appeal or a new proclamation.