The $100,000 H-1B Fee Is Back — At Least For Now: What Employers Need to Know

If you have been following the litigation over the $100,000 H-1B fee, the last two weeks have been a roller coaster. The fee was struck down, then quickly reinstated on a temporary basis, and it currently still applies. Employers planning to file new H-1B petitions need to plan accordingly.

What Happened

On June 8, 2026, the U.S. District Court for the District of Massachusetts (Judge Leo T. Sorokin) granted summary judgment vacating the presidential proclamation that imposed a $100,000 fee on petitions for new H-1B workers. The court found that the fee functioned as an unauthorized tax, exceeded the executive branch's authority, intruded on Congress's taxing power, and violated the Administrative Procedure Act.

That decision was short-lived. The administration appealed on June 11 and, on June 12, asked the same court to stay its ruling. The court granted a temporary stay — meaning its own decision striking down the fee is paused while the appeal moves forward.

Where Things Stand Today

• The fee currently still applies. Because of the stay, USCIS may continue requiring the $100,000 payment on covered new H-1B petitions.

• The legal outcome is unresolved. The case is now before the appellate court, and a final answer could take months.

• The amount at stake is significant. $100,000 per covered petition is a material cost that affects hiring budgets and timing.

What Employers Should Do Now

• Budget for the fee on any new H-1B petition you plan to file in the near term.

• Review timing where business needs allow — but do not let work authorization or start-date deadlines lapse while waiting.

• Document everything; if the fee is ultimately invalidated, clear payment records will matter.

• Watch the First Circuit, as the next ruling could change the picture quickly.

How Vartanian Law Firm Can Help

The H-1B fee situation is changing week to week, and the right move depends on your company's specific hiring plans and timeline. Vartanian Law Firm helps employers navigate H-1B filings, budget for current requirements, and stay ahead of fast-moving litigation. If you are planning new H-1B petitions or have questions about a pending case, contact us to talk through your options.

This post is for general informational purposes and is not legal advice.