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US H-1B: the $100,000 fee was struck down, then reinstated within days
A federal court ruled the $100,000 H-1B fee unlawful on June 8, then stayed its own ruling on June 12, putting the fee back in force pending appeal. This one is moving fast, so here is exactly where it stands and what it does and doesn't apply to.
The $100,000 H-1B fee introduced by the September 2025 presidential proclamation had a turbulent week in June, and the outcome is not what the initial headlines suggested.
This is an active, fast-moving legal situation. Verify the current status before making any filing decision.
The timeline
- 8 June 2026: A US District Court in Massachusetts (Judge Leo Sorokin) ruled the $100,000 fee unlawful, finding it an unconstitutional tax that exceeded executive authority.
- 12 June 2026: The same judge issued an administrative stay of his own ruling, reinstating the fee while the government seeks emergency relief at the First Circuit Court of Appeals.
- Net effect right now: the fee is back in force pending appeal.
Sources: CNBC on the June 8 ruling; CDF Labor Law summary of the decision.
What the fee does and doesn't cover
Based on the proclamation as currently applied, the fee applies to new H-1B petitions that require consular processing. It does not apply to:
- H-1B extensions
- Amendments
- Changes of status for people already in the US
If you are already on H-1B status and extending or amending, this fight does not change your cost today. If you are a new candidate who would need consular processing, the fee is currently a live cost, subject to the appeal.
What to do
Because the situation could flip again at the appeals stage, the practical advice is the same for most people: do not time an application around the litigation. Plan on the current rules, keep an eye on the First Circuit outcome, and budget for the fee if your route requires consular processing.
If the H-1B math no longer works for you, it is worth checking the alternatives. The L-1 intracompany transfer route carries no such fee and suits employees moving within a multinational, and other countries' skilled routes may now be faster and cheaper end to end. Re-take the quiz to compare your US options against the rest.
See the full H-1B pathway for eligibility and process detail.