Trump H-1B $100,000 Fee Struck Down But Still Applies — 2026 Court Appeal Update

On June 8, 2026, U.S. District Judge Leo Sorokin ruled that the $100,000 H-1B entry fee — imposed by President Trump's Presidential Proclamation of September 19, 2025 — constituted an unlawful tax and vacated it. The ruling came in response to a lawsuit filed by a coalition of state attorneys general (California et al. v. Trump et al.) in December 2025. However, within days, Judge Sorokin stayed his own decision, temporarily restoring USCIS's authority to collect the fee while appeals proceed. The fee applies specifically to new H-1B petitions filed on or after September 21, 2025, that require consular processing — meaning workers who must obtain an H-1B visa stamp at a U.S. consulate abroad before entering the country. Petitions not subject to consular notification are unaffected. On June 18, 2026, the federal government filed a formal motion in the First Circuit Court of Appeals to keep the stay in place for the duration of the appeal. If the First Circuit denies the stay and Judge Sorokin's ruling takes effect, it would apply nationwide and employers could seek refunds for fees already paid. For employers currently sponsoring H-1B workers, the practical guidance is clear: the $100,000 fee must still be paid for qualifying consular-processing petitions until further court orders change that status. Multiple parallel lawsuits in other federal courts add additional uncertainty to the fee's long-term viability. While this case centers on H-1B visas rather than EB-3 employment-based green cards, the broader legal battle over executive immigration fees has potential implications for all employer-sponsored visa categories. EB-3 stakeholders should monitor whether similar fee structures are applied to green card sponsorship pathways in future executive actions.