Updated 6/16/2026: On June 12, 2026, a federal district court in Massachusetts temporarily paused its previous June 8 order that had blocked the $100,000 H-1B fee. As a result of this update, U.S. Citizenship and Immigration Services (USCIS) is once again authorized to require the fee for H-1B petitions that are filed for or are only approvable for consular notification.
This temporary pause will remain in place until an appeals court can rule on the government's anticipated request for a stay. However, the district court has given the government a strict deadline of June 18 to file this formal request with the appeals court, or the lower court’s order blocking the fee will be automatically reinstated.
Original Post 6/9/2026: On June 8, 2026 a federal judge in Massachusetts blocked President Donald Trump’s controversial $100,000 fee on employers sponsoring H-1B workers, ruling that the surcharge exceeded executive authority and amounted to an unlawful tax.
Judge Leo T. Sorokin held that the Administration lacked the power to impose what was effectively a massive tax on employers without Congressional approval. The court rejected the government’s argument that the fee was merely a “regulatory payment,” finding that only Congress has the constitutional authority to levy taxes.
The ruling vacates the fee program in its entirety effective immediately. While the administration has indicated it intends to appeal, UC Berkeley hiring units can continue planning H-1B sponsorships without the $100,000 surcharge.
Key Takeaways for Campus Departments
- Immediate Impact: The $100,000 fee is entirely blocked. Departments are not required to pay this surcharge for current or upcoming H-1B petitions.
- Recruitment Continuity: Academic and research units can safely proceed with hiring international professors and researchers without this specific financial barrier.
- Pending Appeal: The administration intends to appeal the decision. The Berkeley International Office (BIO) is monitoring the situation closely and will provide updates if legal statuses change.