On June 8, 2026, Judge Leo Sorokin of the U.S. District Court for the District of Massachusetts formally issued a ruling that comprehensively invalidates and vacates the Trump administration's unlawful policy imposing a massive $100,000 fee on new H-1B visa petitions. This historic ruling undoubtedly clears massive financial and compliance hurdles for employers, high-tech foreign talents, and relevant professional institutions across the United States. The court directly declared the policy unlawful in its ruling and thoroughly vacated the associated enforcement documents from agencies such as U.S. Citizenship and Immigration Services (USCIS).
If you or your company are in a critical stage of the H-1B visa application process, thoroughly understanding the legal logic of this ruling and the subsequent trajectory of the case will directly determine whether you can safely navigate this policy storm.
Case Background: State of California v. Markwayne Mullin
To fully grasp the magnitude of this decision, it is essential to understand the origins of the litigation, officially docketed as State of California et al. v. Markwayne Mullin et al. (Civil No. 25-13829-LTS). The lawsuit was brought before the United States District Court for the District of Massachusetts by a powerful coalition of twenty states, led by California, against various federal executive departments and officials. The legal battle was triggered after President Trump signed Proclamation 10973 on September 19, 2025, which unilaterally imposed an unprecedented $100,000 payment requirement on employers submitting petitions for new H-1B visas. In response to the federal agencies' swift implementation of this massive financial hurdle, the plaintiff states filed suit, arguing that the executive actions fundamentally violated both the constitutional separation of powers and the Administrative Procedure Act (APA). On June 8, 2026, Judge Leo T. Sorokin resolved the dispute by granting the Plaintiffs' motion for summary judgment, decisively striking down the agencies' implementation of the fee.
Why Was the $100,000 Visa Fee Ruled Unlawful?
In the detailed ruling, the federal court completely overturned the new regulation based primarily on the following two core legal grounds:
- Unconstitutional Taxation and Usurpation of Congressional Power: The court explicitly ruled that this $100,000 fee is essentially a "tax" rather than a "penalty." The court pointed out that hiring foreign employees through the H-1B program is entirely lawful, and therefore the fee cannot be defined as a punishment for illegal behavior. Under the U.S. Constitution, only Congress possesses the exclusive power to levy taxes. Provisions such as Section 212(f) of the Immigration and Nationality Act (INA) did not delegate the power to tax to the President. Consequently, this mandatory fee constitutes an unconstitutional ultra vires act.
- Severe Violation of the Administrative Procedure Act (APA): The federal court determined that the multiple government agencies enforcing this policy severely violated the core provisions of the APA. First, as a legislative rule that alters public obligations, the policy completely failed to fulfill the statutory "notice-and-comment" procedure. Second, the agencies' actions in setting this fee clearly exceeded their statutory authority. Finally, the judge deemed the policy "arbitrary and capricious" because the government failed to provide a reasoned explanation for the policy change and completely neglected to consider employers' existing reliance interests and other reasonable alternatives.
What Happens Next? How Should Applicants Respond?
Although the federal court has ordered the comprehensive vacatur of the new regulation, the legal battle over immigration policy is far from over. As applicants and employers highly responsible for employee status and corporate operations, you must remain highly vigilant regarding the following key points:
- USCIS Cannot Currently Enforce the Fee (Current Status): As of right now, U.S. Citizenship and Immigration Services (USCIS) cannot enforce this $100,000 fee requirement on any H-1B visa petition. The court's ruling provides you with an extremely precious "fee-free" window.
- Remain Highly Vigilant of the Trump Administration's Appeal Risks: It must be clearly recognized that while the district court has made a favorable ruling, the Trump administration team is highly likely to appeal this decision. The case will very likely be submitted to the U.S. Court of Appeals for the First Circuit for review. Once it enters the intense appellate process, there remains a massive potential risk that the policy could be overturned or reversed in the coming months.
- Make Sure to Meet the June 30 H-1B Filing Deadline: The filing deadline for this year's H-1B visa petitions is June 30. Given that this unlawful fee has currently been temporarily frozen and vacated by the court, this is the most critical safe period. We strongly advise all selected employers and applicants to take immediate action. Do not wait and see; you must complete the submission of all application documents before June 30 to secure the benefits of this current legal victory.
LYD Law Firm possesses profound cross-border legal practice experience and masterful litigation skills. If you encounter any obstacles during the H-1B visa application or adjustment of status process, or if you are concerned about potential policy appeal risks, you are welcome to contact LYD Law Firm. Our team of professional immigration attorneys will provide you with the most precise policy analysis and comprehensive legal safeguarding to ensure your U.S. career planning remains secure and worry-free.
