Alerts
BREAKING: Federal Court Strikes Down Trump's $100,000 H-1B Fee
08. Jun. 2026
This is a follow up to our October 20, 2025, article regarding the H-1B Proclamation/$100,000 Fee.
Today, June 8, 2026, U.S. District Judge Leo T. Sorokin of the District of Massachusetts struck down the Trump administration's $100,000 fee on certain H-1B visa petitions, ruling that the requirement was an unauthorized tax imposed without congressional authority.
Judge Sorokin held that the $100,000 payment is a tax in substance and effect, regardless of how the administration labeled it. Because the Constitution vests the taxing power exclusively in Congress, and because Congress had not delegated that authority to the Executive Branch with respect to H-1B petitions, the fee is unlawful and must be vacated.
Unless today’s decision is overturned on appeal, employers may now proceed with all H-1B petitions under the fee structure that predated the September 2025 proclamation. If you have H-1B petitions that were on hold due to the $100,000 fee, please contact your attorney to discuss whether to proceed now. We can help you assess timing, prioritize filings, and ensure compliance with all current USCIS requirements in light of this decision.
Finally, the administration has indicated it will appeal, and it may seek a stay of the district court's decision pending an appeal. As such, we expect this to be a developing legal situation and ILG will continue providing updates if/when they become available.
If you have any questions, please feel free to contact your ILG attorney or reach our firm at .
Today, June 8, 2026, U.S. District Judge Leo T. Sorokin of the District of Massachusetts struck down the Trump administration's $100,000 fee on certain H-1B visa petitions, ruling that the requirement was an unauthorized tax imposed without congressional authority.
Judge Sorokin held that the $100,000 payment is a tax in substance and effect, regardless of how the administration labeled it. Because the Constitution vests the taxing power exclusively in Congress, and because Congress had not delegated that authority to the Executive Branch with respect to H-1B petitions, the fee is unlawful and must be vacated.
Unless today’s decision is overturned on appeal, employers may now proceed with all H-1B petitions under the fee structure that predated the September 2025 proclamation. If you have H-1B petitions that were on hold due to the $100,000 fee, please contact your attorney to discuss whether to proceed now. We can help you assess timing, prioritize filings, and ensure compliance with all current USCIS requirements in light of this decision.
Finally, the administration has indicated it will appeal, and it may seek a stay of the district court's decision pending an appeal. As such, we expect this to be a developing legal situation and ILG will continue providing updates if/when they become available.
If you have any questions, please feel free to contact your ILG attorney or reach our firm at .