A federal district court in Massachusetts has invalidated the USCIS policy implementing the $100,000 H-1B fee established by a September 2025 presidential proclamation. The court found that the fee exceeded executive authority and violated the Administrative Procedure Act, resulting in a nationwide vacatur of the policy.
As a result, USCIS should not currently require the $100,000 fee for approval of H-1B petitions. The court’s decision does not address whether employers who have already paid the fee will be eligible for refunds.
The ruling conflicts with a separate federal court decision issued in December 2025 that upheld the fee. The federal government is expected to appeal the Massachusetts decision and may seek a stay of the ruling while the appeal is pending. If a stay is granted, USCIS could resume collection of the fee during the litigation process.
At this time, employers filing H-1B petitions should not be subject to the $100,000 fee requirement. However, because further court action is expected, the situation may change quickly. OIS office will continue to monitor developments and provide updates as additional information becomes available.