On September 19, 2025, the White House released a Proclamation announcing that new H-1B petitions made for beneficiaries outside the United States would be subject to a $100,000 fee. The announcement was met with strong disapproval, as H-1B workers supplement the U.S. workforce and provide critical support in roles within the technology, education, and medical field, amongst others.
On June 8, 2026 a Massachusetts Federal Judge blocked President Trump’s $100,000 visa fee for certain H-1B petitions, finding it in violation of the Administrative Procedure Act. However, the court has now paused enforcement of the order, agreeing to a temporary stay until the First Circuit Court of Appeals decides on the case. The government has until June 18, 2026, to file its stay request for the court’s ruling to remain on hold.
Although the fee was blocked on June 8, the court subsequently paused the order, allowing USCIS to continue requiring the $100,000 H-1B fee.
What does this mean?
While Judge Sorokin’s ruling effectively blocked USCIS from requiring employers to pay $100,000 for new H-1B petitions for overseas workers, the following agreement for a temporary stay nullifies this order. Employers remain required to pay the $100,000 fee for H-1B visa applications done via consular notification.
If you are subject to the $100,000 fee or are filing an H-1B on behalf of an employee subject to the $100,000 fee, we encourage you to speak with an immigration attorney prior to filing Form I-129.