Assume you are an employer that attracts talent and uses the H-1B visa to bring those “specialty occupations” to your workforce.

Assume that since September 21, 2025, the cost of hiring employees and using the H-1B visa went up $100,000 — because it did.

Assume that you did not know whether the $100,000 payment requirement would remain, and you did not know whether paying it made economic sense.

Assume you were waiting to see whether the $100,000 payment requirement would survive.

And now we know. On June 8, 2026, a federal judge in Massachusetts vacated the $100,000 fee. At least for now, it is gone. State of California et. al. v. MarkWayne Mullin, et. al., Case No. 25-13829-LTS. Here is how we arrived at this point.

On September 19, 2025, President Trump signed a Proclamation adding a $100,000 “supplemental payment requirement to all H-1B petitions” to all new petitions filed on or after September 21,2025. A group of 20 states sued on December 12, 2025, alleging that because of the substantially increased cost of an H-1B visa, their ability to hire educators for their primary and secondary schools was harmed, university hiring and research was stymied, teacher shortages increased, and health care staffing would suffer. The parties agreed that the case should be decided on cross-motions for summary judgment (i.e., written submissions). In other words, each side would submit their legal position in writing and the court would decide, as a matter of law, which position to...

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