On June 8, 2026, a U.S. federal court passed an order making the $100,000 H-1B Fee illegal as an un-authorised tax. Here’s what that means.
A judge of the U.S. District Court in Massachusetts struck down the Trump administration’s $100,000 H-1B petition fee on June 8, 2026. The ruling is effective immediately.
The court’s reasoning is clean: the fee is a tax, not an administrative charge. Congress never gave the executive branch authority to impose it. That’s a foundational separation-of-powers problem, and the court didn’t look past it.
What got vacated – and what didn’t
To be precise about scope: the $100,000 fee was never applied across all H-1B filings. Extensions, change of employer, and change of status petitions were carved out early. What this ruling kills, is the fee as applied to consular notification cases – H-1B filings for individuals outside the U.S. or who were subject to consular processing. Those are the employers and beneficiaries who’ve been absorbing a $100,000 surcharge since September 2025.
What’s still unclear
The administration will almost certainly appeal this decision. If they seek a stay pending and the stay is granted, the fee comes back while litigation continues.
More immediately: what happens to petitions where the $100,000 has already been paid? The court hasn’t addressed that yet. We’re watching for USCIS guidance.
What you should do
If you’ve been holding off on a consular notification H-1B petitions because of the fee, this is the window. Act while the ruling stands.
If you’ve already paid the $100,000, document everything. Whether you will get a refund will depend on how USCIS responds to the ruling, and it is important to establish a clear and comprehensive paper trail.
LawQuest is monitoring the situation and will send out alerts as we learn more. We’re tracking this in real time. If you need more information about U.S. immigration or would like to review our blog and articles, please visit our blogs.
Disclaimer: This alert is intended for informational purposes only and does not constitute any legal advice. Readers should not act upon the information contained herein without seeking professional legal counsel tailored to their specific circumstances. The views expressed are the author’s personal views and do not necessarily reflect those of any organization or institution.
