$100000 Visa Fee Blocked by Court Immigration Alert Draft

By: Mishita Jethi | June 09. 2026

Overview

On June 8, 2026, the United States’ District Court for the District of Massachusetts ruled[1] that the United States Citizenship and Immigration Services’ (USCIS) policy implementing the $100,000 H-1B payment requirement was unlawful and vacated the said policy in its entirety. The court held that the proposed payment for the H-1B visa amounted to an unauthorized “tax”, which could be levied only after Congressional approval. The court further held that implementing the said policy exceeded statutory authority, was arbitrary and capricious under the Administrative Procedure Act (APA), and unlawfully implemented the payment requirement.

For now, the USICS should not require the $100,000 payment for the grant of H-1B visas. However, the government is expected to appeal and may seek a stay that could temporarily restore the policy during that appeal. If a higher court grants a stay on this order by the district court, then that could mean a temporary pause of the district court’s ruling.

The court granted summary judgement to the plaintiffs, meaning that USCIS is currently not permitted to collect the $100,000 fee. No further information has been provided by the decision regarding refunds for fees already submitted. Since the decision vacates the fee under APA, the ruling will have nationwide effect.

For any questions or assistance please contact your trusted Chugh, LLP immigration professional.