On June 8, 2026, a federal district court in Massachusetts vacated the $100,000 H-1B Proclamation Fee imposed on September 19, 2025. The vacatur applies nationwide and means the fee is no longer in effect. The court found that the fee constitutes a tax, which the President of the United States lacks the authority to impose. In addition, the court found that the fee violates the Administrative Procedure Act.
It is likely that the government will appeal the court’s summary judgment decision. If successful on appeal, the Proclamation would be reinstated.
It should also be noted that on its face, the Proclamation was set to expire on September 20, 2026—one year from implementation. However, it may be extended at any time. To date, the government has not indicated whether or not it intends to extend the Proclamation.
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For more information, please contact a member of our Immigration Practice Team or the Phillips Lytle attorney with whom you have a relationship.
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