The Donald Trump administration has appealed a court ruling that struck down the $100,000 fee on H-1B visas, but the Department of Homeland Security (DHS) has clarified its current position. In a 58-word memo, DHS stated it will comply with the court's order while considering next steps.
DHS Memo Details
On June 8, 2026, the US District Court for the District of Massachusetts vacated agency guidance implementing the $100,000 payment requirement for certain H-1B petitions, as per the case State of California v. Mullin. DHS said it strongly disagrees with the order but will comply.
According to experts, this means DHS will not collect the fee for now. Murthy Law Firm noted that employers can proceed with affected H-1B filings without the additional fee, subject to future developments.
Background of the Fee
The $100,000 fee was introduced by President Trump on September 19, requiring companies hiring skilled employees on H-1B visas to pay the fee if the candidate undergoes consular processing (i.e., is not in the US). A coalition of 20 states sued, arguing the administration exceeded its authority by raising the fee without congressional approval.
The court agreed, striking down the fee. The ruling applies nationwide, not just to the 20 plaintiff states. As long as no stay order is issued, no $100,000 fee will be required for H-1B filings.
Revenue Impact
The fee generated minimal revenue, with only 85 payments totaling $8.5 million as of mid-February, according to a government court filing. Bernhard Mueller of Ogletree Deakins noted the fee was not a success in revenue generation.
Experts advise employers to proceed with H-1B filings without the fee but remain alert for any future changes.
