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Immigration News Alert
Federal Court Invalidates $100,000 H‑1B Visa Fee
Key Point
- On June 12, 2026, the U.S. District Court in Massachusetts paused its June 8 order vacating the $100,000 H‑1B consular fee while the Trump administration seeks an emergency stay from the First Circuit Court of Appeals.
- On June 11, 2026, the U.S. Department of Justice filed a notice of appeal formally seeking review of the district court’s June 8 ruling.
- On June 8, 2026, U.S. District Court in Massachusetts has invalidated a policy requiring employers to pay a $100,000 fee for certain new H‑1B visa petitions.
Court Ruling Invalidates $100,000 H‑1B Visa Fee
- The court granted summary judgment in favor of a coalition of 20 states challenging the policy
- The court denied the government’s cross-motion for summary judgment
- The court partially denied the government’s motion to dismiss
Court Findings
The court found that the federal government exceeded its authority under the Immigration and Nationality Act and violated principles of separation of powers by imposing the fee without congressional authorization.
Background
In September 2025, a presidential proclamation introduced the $100,000 fee, requiring employers to pay it for certain new H‑1B petitions as part of broader efforts to restrict immigration and prioritize U.S. workers.
This ruling adds to a complex and evolving litigation landscape:
- A separate federal court previously upheld the legality of the fee in late 2025
- Ongoing legal challenges across jurisdictions have created conflicting judicial outcomes
Next Steps
On June 11, 2026, the Trump administration moved to challenge the decision. On June 11, 2026, the U.S. Department of Justice filed a notice of appeal in State of California et al. v. Mullin et al., formally seeking review of the district court’s June 8 ruling by the U.S. Court of Appeals for the First Circuit. The filing is a procedural step that does not include legal arguments but confirms the administration’s intent to continue defending the fee in higher court.
On June 12, 2026, the federal judge in U.S. District Court in Massachusetts paused his June 8 order vacating the $100,000 H‑1B consular fee while the Trump administration seeks an emergency stay from the First Circuit Court of Appeals. This pause leaves the status of the fee pending appellate review. This pause keeps the June 8, 2026, ruling from taking effect and places the fee’s status under review by the First Circuit until the appellate court decides whether the order should remain in place during the appeal.
Envoy Global will continue monitoring the case as it moves through the appeals process.
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