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Key Takeaways
- A federal court vacated the $100,000 H-1B fee, allowing employers to file petitions without the fee for now (appeal expected)
- A separate ruling struck down USCIS policies that paused adjudication for certain applicants, which may allow delayed cases to move forward
- The State Department will pilot a $750 expedited visa interview option for B‑1/B‑2 applicants starting July 1
All developments are subject to change, including potential stays and appeals in the coming weeks.
Federal Court Strikes Down the $100,000 H-1B Fee
A federal court has invalidated the $100,000 fee for new H-1B petitions, which was created by Presidential Proclamation 10973 on September 19, 2025, and applied to new H-1B petitions.
On June 8, 2026, U.S. District Judge Leo Sorokin, sitting in the District of Massachusetts, struck down the fee in California et al. v. Trump, ruling that the administration had imposed an unauthorized tax without congressional approval. Because the payment raised revenue rather than simply covering the cost of an agency service, it fell outside executive authority absent congressional authorization. The court therefore held that the policy violated the Administrative Procedure Act and because the Constitution reserves the taxing power to Congress the fee could not stand.
Note, the administration has stated it will appeal so while the current relief is favorable it is not yet final. While the decision is in effect, employers may submit H-1B petitions that would otherwise have been subject to the fee without including it. If the decision stands, employers who already paid the $100,000 fee may be able to seek refunds, however further guidance on the process has yet to be released.
Federal Court Vacates USCIS's Adjudication "Pause" on Benefit Requests for Travel-Ban Countries
On June 5, 2026, Chief Judge John J. McConnell, Jr. of the U.S. District Court for the District of Rhode Island, in Dorcas International Institute of Rhode Island v. USCIS, vacated the USCIS policies that froze immigration benefit adjudications for nationals of 39 travel-ban countries since late 2025. These policies had been implemented through USCIS memoranda dated December 2, 2025 (PM-602-0192) and January 1, 2026 (PM-602-0194). The court found that all four policies were unlawful under the Administrative Procedure Act and set them aside, which includes the Benefits Hold Policy (an indefinite hold on adjudication of all benefit requests filed by individuals from the 39 travel-ban countries); the Global Asylum Hold Policy (halting adjudication of all asylum and withholding applications regardless of country of origin); the Comprehensive Re-Review Policy (requiring re-review of already-approved benefits for individuals from a travel-ban country who entered on or after January 20, 2021); and the Country-Specific Factors Policy (directing adjudicators to treat travel-ban country factors as a significant negative factor in discretionary determinations). The Court found that USCIS lacked authority to enact the policies and had acted arbitrarily, concluding there was no rational connection between a few isolated criminal incidents and the freezing of benefits for thousands of unrelated individuals.
Unlike earlier preliminary-injunction rulings in other districts this decision vacates the underlying policies themselves, which carries far broader effect. Applications and petitions that had been paused because of these policies should now move forward. Importantly, the decision did not disturb the underlying travel-ban proclamations, which remain in effect.
The government is expected to appeal and may ask for a stay, so this is likely not the final decision. However, there exists a window where affected applicants may see movement on already submitted cases or may be able to receive a decision utilizing premium processing on new filings.
State Department to Pilot a $750 "Expedite Fee" for B-1/B-2 Visa Interviews
The State Department has issued a temporary final rule to create a new, optional paid service to expedite B-1/B-2 interview scheduling. Under the pilot program, eligible B-1/B-2 (business and tourism) applicants may pay a $750 expedite fee, in addition to the standard visa application fee, to secure an interview appointment within 10 business days, subject to availability. The program runs from July 1 through December 31, 2026.
Note, this fee only expedites the appointment. It does not speed up adjudication of the visa, bypass any eligibility requirement, or improve an applicant's chances of approval. The service will be available at select participating consular posts and the list of participating posts is expected to be posted on the State Department website. The fee is non-refundable if the applicant misses or cancels the expedited appointment. The Department has indicated that expedited appointments will be limited and capped as a percentage of each post's interviewing capacity, so the program should not affect wait times for other categories.
As more information is released related to participating posts, we will provide updates. In the meantime, applicants may continue to use the no-cost expedite channels where a qualifying emergency or national-interest basis exists.
These developments underscore the ongoing impact of U.S. immigration policy, with the potential for significant legal and economic ramifications for affected communities. Moore & Van Allen is closely monitoring these developments as they unfold.
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