Federal District Court Strikes Down $100,000 H-1B Fee

Written By Susan Im

On June 8, 2026, the U.S. District Court for the District of Massachusetts vacated the $100,000 H-1B fee requirement created by Presidential Proclamation, ruling that the fee was unlawful because the government lacked the authority to impose this excessive fee. As a result, as long as the order remains in effect, USCIS can no longer require payment of the $100,000 fee. The court enjoined enforcement of the fee, affirming that immigration-related charges must comply with federal statutes and cannot act as punitive obstacles to the lawful employment of foreign nationals.
 
ImLaw will continue to monitor developments, including agency guidance and any subsequent litigation.
 
You can read more below:

gov.uscourts.mad.293201.106.0.pdf

Immigration Ruling Strikes Down $100,000 H-1B Fee. What’s Next?

Susan Im
Previous

Federal District Court Rules USCIS 39-Country Pause Unlawful
Next

ImLaw Update on the New USCIS Policy on Adjustment of Status and Discretion