Federal Court Blocks $100,000 H-1B Fee
Overview
Yesterday, a federal district court in Massachusetts struck down the $100,000 H-1B fee that has been in place since the Trump Administration’s proclamation issued in September 2025. The court ruled that the fee functions as a tax requiring congressional approval, and that it was not implemented through proper rulemaking under the Administrative Procedure Act (APA). The ruling applies nationally.
What Happens Next
The government is expected to appeal promptly and seek a stay of the decision. If the stay is granted, collection of the $100,000 fee could resume with little notice. While a Washington, D.C. district court upheld the fee in December 2025, that ruling predated the Supreme Court’s February 2026 decision striking down President Trump’s global tariffs. The Supreme Court’s ruling limited executive tariff authority and informed the Massachusetts court’s analysis. This judicial split makes a government appeal highly probable. Notably, the court’s ruling does not address refunds for fees already paid.
What This Means for Our Clients
For now, USCIS is not authorized to collect the $100,000 fee on H-1B petitions. We are actively reaching out to clients we believe may be impacted by these shifting dynamics. Our team is monitoring developments closely and will provide updates as the situation evolves. Please contact our office with any questions about how this ruling may affect your pending or planned H-1B filings.