🚨 BREAKING: Federal Court Strikes Down Trump's $100,000 H-1B Fee

The $100,000 H-1B employer fee is DEAD — for now.

U.S. District Judge Leo T. Sorokin (D. Mass.) vacated the fee in California et al. v. Mullin, No. 1:25-cv-13829, on June 8, 2026.

His holding in plain terms:

→ The $100,000 payment is a TAX — not a regulatory fee

→ Only Congress can impose taxes

→ The President had no delegated authority to levy it

The court rejected the government's broad immigration authority argument entirely. Nowhere in the INA, the judge found, did Congress hand the President the power to tax H-1B petitions.

For employers and beneficiaries who put filings on hold since September 2025 — the road is clear again.

⚠️ BUT here is the critical caveat:

The Trump administration has already signaled an appeal to the First Circuit. A stay pending appeal could reimpose the $100,000 barrier within days to weeks.

At The Visa Code, we are monitoring this litigation in real time and will continue to share more updates.