On June 8, 2026, a federal judge in Massachusetts vacated, nationwide, the September 2025 presidential proclamation that had imposed a $100,000 fee on most new H-1B petitions. Ruling in State of California v. Noem, U.S. District Judge Leo Sorokin sided with a coalition of twenty states that had challenged the policy.
The court concluded that the administration exceeded its authority under the Immigration and Nationality Act, that the $100,000 payment is in substance a tax — which only Congress has the power to impose — and that the agency guidance putting the fee in place violated the Administrative Procedure Act because it skipped notice-and-comment rulemaking and was not adequately justified. The decision set aside not only the proclamation but also the related memoranda, website instructions, FAQs, and fee schedules that had implemented it.
By way of background, the fee took effect on September 21, 2025, and applied to new H-1B petitions for workers subject to consular processing — generally, beneficiaries outside the United States. It did not apply to those already in the U.S. changing status to H-1B, such as many F-1 students. Before the proclamation, H-1B filing fees typically ranged from roughly $960 to $7,595.
What this means right now. While the ruling stands, employers may file new H-1B petitions without paying the $100,000 supplemental fee, and the program returns to its pre-proclamation cost structure. Employers who already paid the fee may eventually have refund or recoupment options, although the court did not decide that question.
An important caution. This is unlikely to be the last word. The government filed a notice of appeal on June 11, 2026. A separate federal court in Washington, D.C. reached the opposite conclusion in late 2025 — upholding the fee — and that case is now before the D.C. Circuit. Because the courts are split, Supreme Court review is a real possibility, and an appeals court could issue a stay that temporarily reinstates the fee while litigation continues. The original proclamation is also scheduled to expire in September 2026. Employers relying on the current ruling should document their workforce-planning decisions and keep records of any fee already paid.
If you have an H-1B petition pending or planned — including a change-of-employer petition — the timing of your filing matters. Contact The Anwari Law Firm and we can set up a call to discuss the strongest strategy for your situation.
Posted in: Immigration
posted on: June 25, 2026