The $100,000 Question: Where the H-1B Fee Stands Today

On June 8, 2026, a federal judge struck down the administration’s $100,000 H-1B fee on new H-1B petitions, ruling that it exceeded executive authority.  Four days later, Judge Leo T. Sorokin stayed his ruling, conditioned on the government filing a motion with the First Circuit Court of Appeals by June 18, 2026. Until the appellate court rules, the fee remains in effect.

For employers sponsoring H-1B workers and the professionals who rely on that pathway, the question now is: what happens next?

What the H-1B Fee Is and How It Came About

The H-1B visa is the primary route through which U.S. employers hire foreign professionals in specialty occupations, positions that generally require at least a bachelor’s degree or its equivalent. With the government capping new H-1B visas at 65,000 per fiscal year (plus an additional 20,000 reserved for graduates of U.S. master’s and doctoral programs), demand has long outpaced supply. As a result, the program plays a significant role in industries including technology, finance, healthcare, and higher education.

Before fall 2025, the filing fees associated with sponsoring a new H-1B petition generally ranged from approximately $2,000 to $5,000, depending on the employer and petition type, in addition to a $215 lottery registration fee.

That changed on September 19, 2025, when a presidential proclamation imposed a $100,000 supplemental fee on new H-1B petitions. According to the administration, the measure was intended to address concerns that the program had been used in ways that displaced U.S. workers or affected wage levels. Following the announcement, some foreign professionals sought to enter the United States before the fee took effect, some postponed international travel, and a coalition of 20 states raised concerns about the potential impact on staffing in sectors such as research and healthcare. By mid-February 2026, just 85 payments had been recorded.

The Current Legal Landscape

On June 8, 2026, U.S. District Judge Leo T. Sorokin ruled that the supplemental fee was unlawful and vacated it nationwide, concluding that it functioned as a tax rather than a regulatory fee and that Congress, not the executive branch, holds the constitutional authority to impose taxes.

On June 12, 2026, Judge Sorokin stayed his own ruling while the current administration seeks emergency appellate review. In practical terms, the $100,000 supplemental fee continues to apply unless and until an appellate court, such as the First Circuit or the Supreme Court, allows the district court’s ruling to take effect.

The legal landscape is further complicated by a separate December 2025 decision in litigation brought by the U.S. Chamber of Commerce, in which another federal judge upheld the president’s authority to impose the surcharge. That decision is currently under appeal before the U.S. Court of Appeals for the District of Columbia Circuit. With the administration now seeking emergency appellate review of Judge Sorokin’s recent ruling, and a third lawsuit continuing in California, the ultimate fate of the fee is likely to remain the subject of ongoing litigation.

The Broader Implications of Temporary Status

Regardless of how the litigation is ultimately resolved, H-1B status remains inherently temporary, and that limit exists independently of any policy dispute. In most cases, individuals may remain in H-1B status for up to six years unless they qualify for extensions based on a pending or approved employment-based green card process, such as an approved Form I-140 or a PERM labor certification. Without those extensions, individuals generally must change to another immigration status or depart the United States when their period of authorized stay ends.

For professionals and employers looking beyond that horizon, two employment-based pathways to permanent residence are worth early consideration:

• EB-2 National Interest Waiver (NIW): Available to individuals with advanced degrees or exceptional ability whose work can be shown to benefit the United States in areas such as science, healthcare, or technology. Unlike most employment-based immigrant categories, the NIW allows eligible applicants to self-petition without employer sponsorship.
• EB-1A (Extraordinary Ability): Intended for individuals with extraordinary ability. Depending on the applicant’s circumstances, pursuing this category may offer a faster track to permanent residence than other categories.

One important consideration is that immigrant visa waiting times vary widely depending on an applicant’s country of origin. Individuals born in certain high-demand countries, such as India and China, may experience significantly longer wait times stretching beyond a decade due to per-country caps and visa retrogression.

What to Consider Next

While the courts determine the future of the $100,000 supplemental H-1B fee, employers and foreign professionals may benefit from monitoring developments closely and evaluating long-term immigration strategies. For many, that includes beginning the employment-based green card process as early as practical and assessing whether a direct path to permanent residence, such as the EB-2 NIW or EB-1A, may be available.

As this litigation continues to unfold, additional court decisions may affect the status of the $100,000 supplemental H-1B fee and related filing requirements. We will continue to monitor developments and provide updates as new information becomes available.

To stay informed on the H-1B supplemental fee litigation, visa policy changes, and other immigration developments, visit our latest news section to stay informed.