On June 8, 2026, Judge Sorokin of the US District Court for the District of Massachusetts ruled that the Trump Administration’s $100,000 H-1B fee was unlawful. H-1B visas are available to employers who wish to employ a foreign national in a position that requires a bachelor’s degree in a particular field. Readers of this blog will recall that in September of 2025, the Trump Administration issued an Executive Order imposing a $100,000 fee on H-1B visas petitions that requested a visa to be issued at a US consulate abroad. This Executive Order is a part of the Trump Administration’s policy initiative to restrict immigration to the United States.
In January 2026, California and nineteen other attorneys general filed suit, arguing that the Trump Administration lacked the power under the Constitution and Immigration and Nationality Act to impose this fee. The plaintiffs argued that the $100,000 H-1B fee was a tax that required legislation to impose. Following the reasoning from the Supreme Court’s recent tariff case, the District Court agreed.
While the District Court granted the plaintiff’s summary judgement motion, this lawsuit is not over. An appeal is expected, and a stay on implementation of the judgement may be granted by either the District Court or the Court of Appeals. Watch this blog for more information and updates as this litigation progresses.
