Strongly disagrees but...: What does the 58-word memo from DHS on $100k H-1B visa fee mean?
DHS clarifies what will happen to the H-1B visa fee after a court strikes it down and the administration appeals the ruling. On June 8
DHS clarifies what will happen to the H-1B visa fee after a court strikes it down and the administration appeals the ruling. On June 8, 2026, the US District Court for the District of Massachusetts issued an order that vacated agency guidance implementing the $100,000 payment requirement for certain H-1B petitions. See State of California v. Mullin, 1:25-cv-13829 (D. Mass.). DHS strongly disagrees with the Court’s order and is considering next steps. DHS will, however, comply with the court’s order. Who pays the $100K visa fee? What happens now?
After a court struck down the $100,000 fee on H-1B visas, the Donald Trump administration appealed the ruling by US District Judge Leo Sorokin. But before any further development, the Department of Homeland Security clarified what will happen now. The agency issued a 58-word memo which said:According to experts, this memo means that DHS will not be taking the fee as of now. "As things stand, employers appear able to proceed with affected H1B filings without the additional fee, subject to any future developments," Murthy Law Firm said.Following a proclamation by President Donald Trump on September 19, companies hiring skilled employees on the H-1B visa program have to pay the $100K fee if the candidate has to go through the consular processing, which means the fee is payable if the candidate is not in the US.A total of 20 states moved to the court against the order and the court said the Trump administration exceeded its authority by raising the fee without congressional approval.Very few companies have been willing to pay Trump's fee.
The government had received only 85 fee payments, worth $8.5 million in revenue, as of mid-February, according to a government court filing in March. "The $100,000 fee was not a success in terms of revenue generation," said Bernhard Mueller, co-chair of the immigration practice at
the law firm Ogletree Deakins.The court ruling is not only applicable to the 20 states that brought the lawsuit but to the entire country. And as long as there is no stay order on this ruling, there will be no $100k fee for H-1B filing.
The BriefWire