- U.S. District Judge Leo Sorokin in Boston struck down the $100,000 H-1B fee on June 8, ruling it an unlawful tax Congress never authorized.
- The fee only ever applied to new H-1B hires requiring consular processing abroad. Renewals, extensions, and transfers for employees already in the US were never affected.
- With the fee gone, employers can now initiate H-1B petitions for workers abroad without the $100,000 surcharge, but the ruling is subject to appeal.
- Workers from the 39 travel ban countries face a separate barrier: the travel ban remains in place regardless of this ruling.
- The fee was already set to expire in September 2026. The ruling eliminates it now, three months early, and removes the legal basis for any similar fee in the future.
What happened
In September 2025, the Trump administration issued a presidential proclamation imposing a $100,000 fee on employers filing new H-1B petitions for workers who would need to go through a US consulate abroad to obtain their visa. The administration framed it as a measure to protect American jobs. Before this, standard H-1B filing fees ranged from roughly $2,000 to $5,000.
The fee triggered immediate legal challenges. On June 8, 2026, Judge Leo Sorokin of the U.S. District Court in Massachusetts, siding with 20 state attorneys general, vacated the fee entirely. His ruling found that the $100,000 payment functioned as a tax, not a visa fee, and that the President does not have the unilateral authority to impose taxes. That power belongs to Congress.
The Trump administration has said it will appeal.
What this means for your hiring plans
The fee was narrowly targeted. Whether this ruling changes anything for you depends on whether your hire is already in the US or still abroad.
- The $100,000 fee never applied to this group. Renewals, extensions, transfers, and changes of status for workers in the US were always exempt.
- If an employee left the US while a change-of-status petition was pending, that petition would have converted to consular processing and triggered the fee. That risk is now removed.
- Existing H-1B employees can travel internationally without the concern that returning would trigger the fee on a future extension.
- This is where the ruling has the most direct impact. The $100,000 surcharge has been removed, so H-1B petitions for overseas workers are back to standard filing fees.
- Workers who were stuck abroad specifically because the fee made sponsorship cost-prohibitive can now have their petitions filed.
- The ruling is subject to appeal. An emergency stay could reinstate the fee while litigation continues.
- Workers from the 39 travel ban countries face a separate, unrelated barrier at the consulate. This ruling does not help them.
One important carve-out: the travel ban
This ruling only addresses the $100,000 fee. It has no effect on the Trump administration's travel bans, which restrict entry from 39 countries including Afghanistan, Iran, Libya, Somalia, Syria, and Yemen.
For workers from those countries who are currently abroad, removing the fee does not open a path to a US visa. The consular visa issuance process is still governed by the travel ban, and a USCIS-approved petition does not override an entry restriction. Employers should not make commitments to candidates from those countries based on this ruling alone. Involve immigration counsel before taking any steps.
Context: the fee was expiring anyway
The September 2025 proclamation included a sunset provision: the fee was set to expire in September 2026. The practical window during which the fee would have applied to new hires was already narrowing.
The court ruling matters beyond just the next three months, however. By finding that the administration lacked the legal authority to impose the fee in the first place, the court removes the legal foundation for a similar fee being reintroduced in the future without an act of Congress.
Frequently asked questions
If your candidate is not from one of the 39 travel ban countries, yes, you can now initiate an H-1B petition at standard fees. Do so with the understanding that the government may seek a stay on appeal, which could reinstate the fee. Have immigration counsel confirm current USCIS filing guidance before submitting.
Not directly. Iran is among the 39 countries subject to the travel ban, which restricts entry independently of the H-1B fee. Even with the fee removed, a US consulate would still apply the travel ban when reviewing a visa application. This ruling does not change that. Consult your immigration attorney for guidance specific to their situation.
No. The $100,000 fee applied specifically to H-1B petitions for workers abroad. Other visa categories were not covered by the proclamation and are unaffected by this ruling.
The risk that an international trip would convert a pending change-of-status petition to consular processing and trigger the fee is now resolved. That said, H-1B employees should always consult with immigration counsel before international travel, as other considerations such as visa stamp validity and admissibility apply regardless of this ruling.
No. This is a district court ruling and the government has announced its intent to appeal. A stay from an appellate court could reinstate the fee while the case continues. The administration also has an incentive to move quickly given the September 2026 expiry. Monitor for appellate developments closely.
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