On June 8, 2026, the U.S. District Court for the District of Massachusetts struck down the $100,000 H-1B filing fee. The court concluded that “the substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called.”
At this time, the fee has been vacated and U.S. Citizenship and Immigration Services may not require payment of the $100,000 fee in H-1B cases.
The administration may appeal the decision. If that occurs, an appellate court could potentially reinstate the fee requirement while the litigation remains pending.
Because the procedural posture may continue to change, employers and individuals should consult immigration counsel to assess the impact on any specific case.
Fredrikson will continue to monitor developments in this litigation and provide updates as the appellate process unfolds.
