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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 11 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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On June 8, 2026, a federal court in Massachusetts struck down the $100,000 fee that the Trump administration had imposed on employers filing H‑1B visa petitions. The ruling is a major win for businesses that utilize the H-1B program to hire skilled foreign workers in fields like technology, engineering, healthcare, and finance.

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Last September, President Trump issued a Presidential Proclamation titled Restriction on Entry of Certain Nonimmigrant Workers. The proclamation required employers to pay a $100,000 fee—on top of existing filing fees—for any new H-1B petition filed on or after September 21, 2025. The H-1B visa program allows U.S. employers to temporarily employ foreign workers in “specialty occupations” that typically require at least a bachelor’s degree in a specific field.

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In State of California et al. v. Mullin et al., U.S. District Judge Leo Sorokin ruled that the $100,000 fee is unlawful for two main reasons:

It’s an illegal tax, not a legitimate immigration restriction. The court found that the fee functions as a tax on businesses rather than a valid restriction on who may enter the country. Under the Constitution, only Congress has the power to impose taxes—the president cannot do so unilaterally, even through the immigration system.

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The rollout was arbitrary and capricious. The court also found that the administration failed to follow proper procedures. The agencies offered no meaningful justification for why the fee was set at $100,000, ignored the impact on employers who had long relied on the existing fee structure, and failed to consider alternatives—such as exempting certain employers, like universities and research institutions, that are already exempt from the H-1B cap.

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For now, the $100,000 fee has been vacated in its entirety. Employers are no longer required to pay this fee when filing H-1B petitions. Standard H-1B filing fees remain in effect.

This is one of several pending cases challenging the $100,000 fee. The government is likely to appeal, and further guidance from the administration is expected. Employers should monitor these developments closely and work with immigration counsel to assess how this decision affects their pending and future H-1B cases.

If you have questions about how this ruling impacts your organization, or if you need assistance with H-1B petitions or other immigration matters, please contact the authors of this alert or your Thompson Hine relationship attorney.

https://admin.thompsonhine.com/wp-content/uploads/2026/06/Thompson-Hine-Immigration-Update-Federal-Court-Strikes-Down-100000-H-1B-Fee-What-Employers-Need-to-Know.pdf

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This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.

Federal Court Strikes Down $100,000 H-1B Fee: What Employers Need to Know

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