On 8 June 2026 a federal court in Massachusetts vacated the $100,000 fee on new H-1B petitions, ruling it works as a tax that only Congress can levy. The government appealed days later, and the court granted a temporary administrative stay, so the charge still applies to affected petitions while the First Circuit weighs in. An earlier ruling in Washington, D.C. had upheld the fee, setting up a contest the Supreme Court may ultimately resolve.
At a glance
A federal judge struck down the $100,000 H-1B fee as an unlawful tax — yet a temporary stay keeps it payable while the government appeals.
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Source: NPR
