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On June 8, 2026, a federal judge in Massachusetts struck down the Trump administration’s $100,000 fee for H-1B visa petitions.
The ruling is the latest development following our September 2025 alert regarding the Trump administration’s introduction of the fee.
The H-1B program allows U.S. employers to hire foreign workers for specialized positions that generally require at least a bachelor’s degree. In September 2025, President Trump issued the “Restriction on Entry of Certain Nonimmigrant Workers” proclamation requiring employers to pay an additional $100,000 for certain new H-1B petitions. The administration stated that the fee was intended to prevent misuse of the program and protect U.S. workers.
California and 19 other states challenged the policy in State of California v. Mullin, arguing that the administration lacked authority to impose the fee without congressional approval. On June 8, 2026, U.S. District Judge Leo T. Sorokin agreed and set aside the fee.
The court found that the $100,000 payment functioned as a tax. Because Congress alone holds the constitutional authority to impose taxes, the administration needed clear congressional authorization, which the court found was absent. Although federal immigration law allows the President to restrict or place conditions on the entry of foreign nationals, the court concluded that it does not authorize a new tax on employers.
Though the decision provides hope for employers, it is unlikely to be the final word. The administration has indicated that it expects to appeal, meaning a higher court may reconsider whether the fee was lawful. Separate challenges also remain pending, so the requirements may change again.
We will continue to monitor the litigation and provide updates as developments arise.
