On June 8, 2026, a U.S. District Judge ended the $100,000 fee for H-1B petitions implemented by the Trump administration in September 2025. The purpose of the fee was to discourage American companies from hiring foreign employees using the H-1B visa.

The announcement of the $100,000 fee caused much confusion at the time it was announced due to vague language about how and when the fee would be required, causing chaos as many H-1B visa holders rushed to get back to the United States before the effective date.

The fee – which ended up only being applicable to applicants who did not already hold an H-1B visa and were residing outside of the United States or requesting processing at a Consulate or Port of Entry - was viewed as a tax by the judge. Judge Sorokin held that the Trump administration exceeded its authority and went around Congress's power to set immigration policy and taxes by requiring the fee to be paid.

As long as the decision stands, petitions can be submitted for those who would have been subject to the fee. It is unclear whether those who have already paid the fee will be able to seek refunds and, if so, how those requests can be made. 

Contact the Law Offices of James D. Eiss today to schedule an H-1B consultation.

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UPDATE: On June 12, 2026, the United State District Court for the District of Massachusetts temporarily stayed – or paused – its recent June 8 decision that vacated the $100,000 fee for H-1B visa applicants outside of the United States.  The reason for the stay of the decision is that the court wants to wait for the First Circuit Court of Appeals to rule on the government's anticipated request for a stay of the vacated order.

This means that as of June 12, 2026, the $100,000 fee is back in effect – for now – pending a decision fro the First Circuit.