Court blocks $100,000 fee for H-1B petitions

This summary is based on currently available information. It does not relate to any specific situation and is not legal advice. 

On June 8, 2026, a federal judge in Massachusetts ruled that the $100,000 fee imposed on certain H-1B petitions by a September 19, 2025, Presidential Proclamation is unlawful. The case is State of California, et al., v. Markwayne Mullin, et al.  

The court found that the fee violates U.S immigration and administrative laws. The judge declared the $100,000 fee unlawful and ordered the federal government to immediately stop requiring payment of the fee. 

The decision is expected to apply nationwide. As of June 8, 2026, the U.S. Citizenship and Immigration Services (USCIS) should not require payment of the $100,000 filing fee for any H-1B visa applications. However, the federal government is likely to appeal the court’s ruling and request a stay (pause) of the order while the appeal is pending. 

ISSS will continue to monitor developments and update this article if additional information becomes available.

As always, ISSS is here to answer questions and support you!