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Judge Blocks President's $100,000 H‑1B Application Fee

The order pauses the charge after a judge concluded only Congress may impose such a fee and leaves the policy subject to appeal.

Overview

  • A federal judge in Massachusetts issued the injunction on Monday, June 8, 2026, temporarily blocking the $100,000 H‑1B application fee and ruling the president lacked the statutory authority to create the charge.
  • The fee was imposed by presidential decree in fall 2025 with just 36 hours' notice to employers, a jump from prior charges that had been in the hundreds to a few thousand dollars.
  • Twenty Democratic-led states brought the suit that produced the ruling, arguing the executive action intruded on Congress's power to set fees for immigration programs.
  • The change had unsettled the U.S. tech sector and raised diplomatic concern in India because roughly three quarters of H‑1B holders are from that country, risking hiring slowdowns and project delays at firms that rely on foreign specialists.
  • The injunction is not final, related cases remain on appeal, and the administration has indicated it will contest the decision, leaving courts and Congress as the next venues for resolving the dispute.