Federal Court Blocks Trump's $100,000 H-1B Fee: 2026 Immigration Policy Update

On June 8, 2026, Massachusetts District Judge Leo T. Sorokin issued a ruling vacating the $100,000 fee that USCIS had imposed on employers sponsoring H-1B beneficiaries for consular processing. The fee had been put in place the previous September under a Trump administration proclamation, representing one of the most significant cost barriers for employment-based visa sponsorship in recent memory. The court determined the fee was unlawfully implemented, marking another instance of a federal court checking executive immigration authority. This ruling is part of a broader pattern in 2026 of courts scrutinizing and overturning Trump-era immigration fee and restriction measures. For EB-3 and employment-based immigration applicants more broadly, this decision signals continued judicial oversight of executive immigration policy. While the ruling directly addresses H-1B consular processing, the legal principles involved — particularly around fee-setting authority — may have implications for other employment-based categories. Employers who paid the $100,000 fee may have grounds for refund claims, though USCIS has not yet issued guidance on the matter. Affected petitioners are advised to consult with immigration counsel to assess their options following this ruling. The decision underscores the importance of monitoring ongoing litigation for those in or planning employment-based immigration pathways, as court rulings continue to reshape the regulatory landscape heading into the second half of 2026.