Federal Court Vacates $100,000 H-1B Fee Guidance

On June 8, 2026, the U.S. District Court for the District of Massachusetts vacated DHS and USCIS guidance implementing the $100,000 payment requirement for certain H-1B petitions, finding that the fee exceeded the executive branch's authority.

USCIS has acknowledged the court's decision, stating that DHS disagrees with the ruling but will comply while evaluating its next steps. Because the government is expected to continue challenging the decision through the appellate process, employers considering H-1B filings should closely monitor future guidance, as the legal status of the fee may continue to evolve.

Please see the following link for more information: H-1B FAQ | USCIS.