The $100,000 H-1B Fee — Struck Down, Then Reinstated: Where Things Stand in June 2026

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.