CSG Law Alert: Federal District Court Vacates $100,000 H-1B Fee
On June 8, 2026, the U.S. District Court for the District of Massachusetts ruled that the $100,000 H-1B fee imposed under President Trump’s September 19, 2025 Presidential Proclamation (“Restriction on Entry of Certain Nonimmigrant Workers”) constitutes a tax that was not authorized by Congress and violates the Administrative Procedures Act (State of California et al. v. Noem et al., Case No. 1:25-cv-13829).
As a result, the court declared the fee unlawful and has vacated it.
While the court has struck down the $100,000 fee, the short- and longer-term impact remains uncertain, particularly given the likelihood of appeal and the existence of parallel litigation challenging the Presidential Proclamation in other courts. The outcome of these cases and USCIS’s response to the decision may further shape filing requirements and strategic considerations for both employers and foreign national employees.
We will continue to monitor this matter closely and provide updates as they become available. In the interim, employers and employees should consult with their immigration counsel before making any decisions based on this ruling, including actions such as international travel.
For more information, please contact the authors of this alert or the CSG Law Immigration Group.