On June 8th, 2026, The United States District Court for Massachusetts VACATED, in its entirety, Presidential Trump’s Proclamation 10973 policy initiative which assessed a $100,000 supplemental fee to the H-1B visa program.
Pursuant to the Court’s decision, all DHS, USCIS and Department of State policies implementing the proclamation are unlawful. This is not simply a temporary restraining order preventing the government from assessing the fee/tax, but a definitive order for the government to permanently stop requiring the $100,000 fee/tax as a prerequisite for issuance of H-1B visas and status.
Due to the recency of the Court’s decision, the government has not yet responded by filing an appeal (although it is expected in the next few days) nor have they announced any changes to their policies and procedures for issuance of H-1B visas and the assessment (or non-assessment) of the $100,000 fee/tax. Therefore, Lee & Novi strongly recommends all H-1B employers and employees continue to assume the fee/tax is applicable until the government issues updated policy guidance.
This update is provided for general informational purposes only and does not constitute legal advice.
If you require specific advice and consultation, please call us at 508-790-1181.