On September 19, 2025, President Trump issued a proclamation mandating an additional payment of $100,000 for employers filing H-1B petitions on behalf of foreign nationals outside the US (i.e., seeking “consular processing”), or otherwise not eligible for a change, extension, and/or amendment of existing H-1B status. The consequence of the proclamation has been a severe limitation on US employers’ ability to obtain skilled workers under the H-1B program. While the proclamation did allow for exceptions to be made when in the national interest, no national interest exceptions were granted by the Trump administration.
On June 8, 2026, the US District Court for the District of Massachusetts ruled that the additional $100,000 H-1B visa payment constitutes a tax that Congress did not authorize, in violation of the US Constitution and the Administrative Procedure Act (APA), and declared the fee unlawful.
As an important update to our previously issued alert regarding the June 8 decision, on June 12, 2026, the US District Court for the District of Massachusetts temporarily paused its June 8, 2026, order vacating the $100,000 H-1B proclamation. This pause means U.S. Citizenship and Immigration Services (USCIS) is still allowed to collect the $100,000 fee, where required, and the pause will remain in effect until an appeals court rules on the legality of collecting the fee while litigation proceeds.
This is a rapidly evolving situation and status of the $100,000 H-1B fee could change quickly as litigation proceeds. Employers should be sure to seek the assistance of their Nixon Peabody immigration professional as they navigate this issue.