A recent federal court decision, State of California et al. v. Markwayne Mullin et al., Case No. 1:25-cv-13829, has provided important guidance for employers and foreign national workers navigating the H-1B process.
On June 8, 2026, the U.S. District Court for the District of Massachusetts invalidated a policy that would have required a $100,000 payment in connection with certain H-1B visa filings. The court held that the proposed fee exceeded the government’s legal authority, effectively constituting an unauthorized “tax,” which cannot be imposed without congressional approval. The court further concluded that the policy violated the Administrative Procedure Act, finding that the agency went beyond its statutory authority and that the rule was arbitrary and capricious in its implementation.
As a result, USCIS is currently prohibited from collecting the proposed $100,000 payment, and H-1B petitions may continue to be filed under the existing fee structure.
While this decision is welcome news for many employers and H-1B beneficiaries, the litigation is likely to continue. The government is expected to appeal the ruling and may seek a temporary stay that would reinstate the fee requirement while the appeal is pending.
For now, employers with pending or upcoming H-1B cases may continue preparing and filing petitions under the current regulations. As with many immigration-related developments, staying informed and acting promptly can help minimize uncertainty and avoid unnecessary delays.
Our firm will continue to monitor this matter closely and provide updates as they become available.