On June 8, 2026, a Federal District Court in Massachusetts vacated the September 19, 2025 Presidential Proclamation establishing a $100,000 fee for certain H-1B workers. The District Court vacated the Proclamation in its entirety, resulting in a ruling with nationwide impact unless this decision is stayed or reversed on appeal.
The District Court in Massachusetts found that the Proclamation’s $100,000 fee was an unconstitutional tax not delegated by Congress. Additionally, it found that the Proclamation violated the Administrative Procedure Act (APA) for failing to undergo the required notice and comment process, exceeding applicable statutory authority, and being arbitrary and capricious. The case is State of California et al. v Markwayne Mullin, et al., Case No., 1:25-cv-13829 (D. Mass., filed Dec. 12, 2025).
The decision prohibits U.S. Citizenship and Immigration Services (USCIS) from collecting the $100,000 fee from H-1B employers at this time. It remains unclear what will occur with any prior payments of the fee made to USCIS.
The District Court in Massachusetts’ decision conflicts with a decision from the Federal District in D.C. in 2025 which upheld the Proclamation and the $100,000 fee. The Trump Administration is expected to appeal this recent decision striking down the $100,000 fee and seek a stay while the appeal is pending. If the Appeals Court grants a stay, USCIS would be permitted to re-implement the Proclamation and the $100,000 fee during the appeals process.
Immigration at Work 