A federal judge’s brief decision to strike down President Donald Trump’s controversial $100,000 H-1B filing fee has been put on hold, leaving employers and foreign workers facing continued uncertainty. Immigration attorneys tell The American Bazaar that despite ongoing legal challenges, USCIS continues issuing Requests for Evidence (RFEs) tied to the fee.
“With the $100,000 H-1B fee still under judicial review, companies may need to budget for the possibility that the fee remains in place, prioritize business-critical hires, and evaluate alternatives such as cap-exempt H-1Bs, L visas, O visas, or remote workforce models,” said Veena Vijay Ananth, immigration attorney.
On June 8, a federal judge vacated President Donald Trump’s $100,000 H-1B visa application fee, ruling that it amounted to an unauthorized tax. But the relief proved short-lived. On June 12, U.S. District Judge Leo Sorokin issued an administrative stay of his own ruling to preserve the status quo while the government seeks relief from the U.S. Court of Appeals for the First Circuit.
The Department of Homeland Security has since told the Boston-based appeals court that Sorokin’s decision was incorrect, arguing that the fee does not constitute an unauthorized tax and that the ruling should remain stayed while the appeal is pending.
The White House maintains that the president acted within his legal authority, while the department argues in its court filing that the administration has broad powers under federal immigration law to impose such measures. The legal uncertainty has left both H-1B hopefuls and employers grappling with questions about what comes next.
READ: H-1B saw 98% approval, yet employers see a tougher future ahead (June 22, 2026)
To understand what the ruling means in practice, The American Bazaar spoke with immigration attorney Gnanamookan Senthurjothi of The Visa Code about the current status quo.
He explained, “The June 8 order is temporarily paused pending the appellate court’s decision on whether a stay should remain in effect during the appeal. The district court’s order striking down the fee is not currently operative.”
In other words, unless the U.S. Court of Appeals for the First Circuit denies the stay or ultimately affirms the district court’s ruling and allows its judgment to take effect, the government’s position is that the $100,000 fee remains enforceable.
Senthurjothi said earlier reports suggesting otherwise reflected only a brief window immediately after the June 8 ruling. “The statement that ‘the $100,000 fee is currently not being collected’ reflected a short-lived posture immediately after the June 8 ruling and before the June 12 stay. It does not reflect the current procedural status.”
He added, “Also the USCIS continues to issue RFE for $100,000 fee.”
With the legal battle ongoing and the rules potentially subject to further change, uncertainty continues to loom over employers and H-1B applicants alike. The question now is not only what the courts will decide, but also how employers should prepare for future H-1B filings if the fee remains in place.
Chennai-based immigration attorney Veena Vijay Ananth says employers should prepare for continued uncertainty as the $100,000 H-1B fee remains under judicial review.
READ: Over 200,000 H-1B applicants paid for fast-track processing in FY 2026, DHS Secretary says (June 3, 2026)
“With the $100,000 H-1B fee still under judicial review, employers should plan for uncertainty rather than assume the fee will disappear. Companies may need to budget for the possibility that the fee remains in place, prioritize business-critical hires, and evaluate alternatives such as cap-exempt H-1Bs, L visas, O visas, or remote workforce models. Existing green card sponsorship strategies should also remain a priority,” she said.
The proposed $100,000 fee on new H-1B filings remains one of the most contentious measures advanced under the Trump administration’s broader push to curb what it describes as immigration system abuse.
In its court filing, the Department of Homeland Security argued, “Every day that passes more aliens can petition and enter the country despite the President’s determination that their entry would be detrimental.”
Meanwhile, amid heightened scrutiny of work-related visas and pending immigration cases, some H-1B visa holders across the U.S. have reportedly faced harassment, including racist comments and unwanted attention directed at their businesses and employment status.
As of now, three lawsuits are challenging the $100,000 H-1B fee.