If you have been following the $100,000 H-1B fee, the past two weeks have been whiplash. A federal court struck it down — and then it came back. Here is what actually happened, and what it means for you right now.
A quick timeline
In September 2025, Presidential Proclamation 10973 imposed a $100,000 fee on certain new H-1B petitions filed for workers located outside the United States — broadly, cases that run through consular processing. On June 8, 2026, the U.S. District Court for the District of Massachusetts vacated that fee, granting summary judgment to the states that had challenged it. On June 11 and 12, the government appealed and asked the court to pause its own ruling. On June 15, the court granted a temporary administrative stay.
What the court decided
The district court found that the fee was not a lawful immigration restriction but was effectively a tax — and that the President lacked the authority to impose it that way. The court also agreed with the challengers that the way the fee was rolled out had procedural problems under the Administrative Procedure Act. On those grounds, it vacated the fee in its entirety.
Why it bounced back
A decision being "vacated" does not always mean it stops immediately. After the government appealed, the court granted a temporary administrative stay while the U.S. Court of Appeals for the First Circuit considers the case. The practical effect: USCIS may continue to require the $100,000 fee for affected petitions for now. In other words, the fee was struck down on paper, but it is still being collected while the appeal is decided.
Who the fee affects
The fee has applied to certain new H-1B petitions for beneficiaries abroad — cases approvable only through consular notification — rather than to every H-1B filing. Petitions for workers already in the United States changing or extending status have generally not been the target. Because the rules here are technical and the litigation is moving, whether a specific case is affected should be confirmed for that case.
What to do while the appeal plays out
Treat the situation as unsettled, not resolved. Do not assume the fee is permanently gone, and do not assume it is permanently safe — the next meaningful move belongs to the First Circuit. If you have a consular H-1B case in progress or planned, map out the timeline, the budget, and the contingencies under both outcomes, and watch for the appellate ruling. Employers planning FY filings should build flexibility into cost planning rather than betting on one result.
This is general information about a developing legal situation, not legal advice. For guidance on a specific case, please consult a qualified immigration attorney.
If this is your situation
Write Attorney Liu a few facts. She reads every inquiry herself.
Schedule a consultationAbout the Author
Jinwen Liu
Managing Attorney
Jinwen Liu is the Managing Attorney at Yingzhong Law Offices, specializing in employment-based and investment immigration.
Legal Disclaimer
This article is for informational purposes only and does not constitute legal advice. Immigration laws and policies change frequently, and every case is different. For advice specific to your situation, consult a qualified immigration attorney. Past results do not guarantee similar outcomes. Attorney Advertising.
Related Articles
What Happened at AILA's 2026 Annual Conference in San Diego — and Why It Matters for Immigrants
The largest annual gathering of U.S. immigration lawyers wrapped up last week in San Diego. Here is a plain-language recap of what AC26 covered and what its themes suggest about the road ahead.
Goodbye “D/S”: What the New Fixed-Stay Rule Means for F-1 Students—and What to Do Now
A DHS rule ending “duration of status” for F-1 students cleared OMB on June 17, 2026. It would cap stays at four years, cut the F-1 grace period to 30 days, and require USCIS extensions. Here’s what changed and what to do before the clock starts.