Immigration News Roundup: Court Strikes Down the $100,000 H-1B Fee, Then Stays It

Accurate as of June 8, 2026. Immigration rules change quickly, so confirm current details with an immigration attorney before you act.

It was a whiplash week for the H-1B program. A federal court declared the controversial $100,000 fee unlawful, then paused its own ruling days later, leaving the fee in place for now. Add a new consular appointment fee and relief for physicians, and there is a lot to unpack.

The $100,000 H-1B Fee: Struck Down, Then Reinstated

On June 8, a federal district court in Massachusetts ruled that the $100,000 payment imposed on certain new H-1B petitions, the surcharge tied to last year's presidential proclamation for petitions requiring consular processing, is unlawful. In a case brought by roughly 20 state attorneys general, the court held the payment was effectively a tax that only Congress can impose, exceeded the executive's authority, and violated the Administrative Procedure Act.

Then came the reversal. On June 12, the same judge issued a temporary administrative stay of that ruling, conditioned on the government pursuing its appeal. The practical result is that the $100,000 fee remains collectible for qualifying H-1B petitions while the case moves to the appeals court. Employers should not assume the fee has gone away.

New $750 Fee for Expedited B-1/B-2 Appointments

On June 9, the State Department published a rule creating an optional $750 fee that lets B-1/B-2 visitor visa applicants at participating posts secure an interview appointment on an expedited basis, roughly within 10 business days. It is a pilot, capped at about 25,000 expedited requests and running from July 1 through December 31, 2026.

Two things are worth understanding. The fee is in addition to the standard visa application fee, and it only speeds up scheduling the interview. It does not guarantee that a visa will be issued or expedite the actual decision.

USCIS Lifts Processing Holds for Physicians

In better news for the healthcare system, USCIS resumed processing certain physician cases that had been caught in its adjudication holds. Reports around June 12 indicated that H-1B petitions for physician employees and J-1 waiver-related adjustment of status applications were again moving forward.

Roughly 1,000 physicians finishing residencies and fellowships, many bound for medically underserved communities, had been at risk of losing their placements while their cases were frozen. This is a meaningful development for hospitals and patients alike.

What Should You Do This Week?

1. H-1B employers: budget as though the $100,000 fee still applies to consular-processed petitions, because it does, for now, pending appeal.
2. Visitor visa applicants: the new $750 expedited-appointment option is optional and does not guarantee issuance.
3. Physicians on H-1B or awaiting J-1 waiver adjustment: check whether your held case has resumed processing.