Strongly disagree, but…: What does the Department of Homeland Security’s 58-word memo on the $100,000 H-1B visa fee mean?
Donald Trump’s administration is appealing a ruling by U.S. District Judge Leo Sorokin after a court rejected a $100,000 fee for H-1B visas. But before going any further, the Department of Homeland Security clarified what will happen now. The agency released a 58-word memo that read: On June 8, 2026, the U.S. District Court for the District of Massachusetts issued an order rescinding agency guidance imposing a $100,000 payment requirement for certain H-1B petitions. See state State of California v. Mullin1:25-cv-13829 (D-Mass.). The Department of Homeland Security strongly opposes the court order and is considering next steps. However, the Department of Homeland Security will comply with the court order.Experts say the memo means the Department of Homeland Security will not collect the fee for now. “As things stand, it appears that employers will be able to continue processing affected H1B petitions without incurring additional fees, subject to future developments,” Murthy Law Firm said.
Who pays the $100,000 visa fee? What happens now?
Following President Donald Trump’s announcement on September 19, companies hiring skilled workers through the H-1B visa program must pay a $100,000 fee if the candidate must undergo consular processing, meaning the fee will be payable if the candidate is outside the United States.A total of 20 states filed lawsuits in court against the order, with the court saying the Trump administration exceeded its authority by raising fees without congressional approval.Few companies are willing to pay Trump. As of mid-February, the government had received just 85 payments, generating $8.5 million in revenue, according to March government court filings. “A $100,000 fee is not successful in generating revenue,” said Bernhard Mueller, co-chair of Ogletree Deakins’ immigration practice.The court’s ruling applies not just to the 20 states where the lawsuit was filed, but to the entire country. As long as the ruling does not include a stay, there will be no $100,000 fee on the H-1B petition.
