A Strike Against $100,000 Fee for H-1B Visa
On June 8, 2026, a US federal judge in Boston struck down the $100,000 USD fee for the H-1B visa on the basis that the fee violated the Administrative Procedure Act. Judge Leo Sorokin stated: “The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress.” The case was brought by Democratic attorneys general from 20 states.
However, an earlier case brought by the US Chamber of Commerce resulted in a decision that upheld the fee. A third lawsuit brought by religious groups and labor organizations has been filed in federal court in San Francisco and is still pending. The Trump administration says it will appeal the latest ruling.
The visa fee went into effect in September 2025, shortly after it was announced. According to the Associated Press, only 85 payments of the $100,000 USD fee had been paid as of mid-February 2026.
For earlier coverage of the increased H-1B visa fee, visit our blogs on H-1B visa changes in 2026 and why an employer of record solution offers an easier, more reliable way to hire overseas talent.
Sources: Associated Press, HR Dive
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