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On June 8, 2026, U.S. Judge Leo Sorokin of Massachusetts voided the federal government’s new H-1B visa fee of $100,000 for each H-1B petition submission stating that the fee was unlawful and served to impose a tax on H-1B petitions without prior authorization by Congress. The Judge further stated that the Department of Justice policy should have been implemented through formal regulations and public notice requirements. He also noted that Presidential powers do not delegate to the executive branch the capability to tax individuals or organizations.
On June 12th, the administration sought an emergency appellate court stay of Judge Sorokin’s decision and has filed a motion requesting that the $100,000.00 fee for individual H petitions be reinstated. The fee which Judge Sorokin has characterized as a tax and not a legitimate US government filing fee faces other challenges in the Northern District of California and the District of Columbia Circuit. We shall keep our readers advised of developments.
After selection in the H-1B pre-registration and lottery which ended on March 31st, U.S. petitioners had a filing period from April 1st to June 30th, 2026, to submit H1-B petitions with U.S. Citizenship and Immigration Services.
Background
The H-1B visa, limited to a cap of 85,000 petitions for most companies, is a highly sought after category for professional workers, and is used primarily by the tech industry, but also for other professionals, including engineers, architects, museums and others. The H-1B for cap-exempt employers generally includes universities and institutions of research, and hospitals which hire professionals who are exempt from the numerical limitation.
Some Consular Posts Will Offer Expedited B Visa Appointments for an Additional Fee
The State Department has announced that commencing July 1st and to December 31st, 2026, certain U.S. consular posts will permit individual applicants a consular visa appointment on an expedited basis for an additional fee of $750.00.
The State Department has noted that the list of posts that will be available for expedited appointments is soon to be announced on its website and applicants will be able to secure a visa within 10 business days. The Federal Register announcement, dated June 9, 2026, will be granted for humanitarian and urgent travel related to business.
Other Significant Developments Relating to Adjustment of Status Applications filed by Nationals of 39 Countries put on Pause
On Friday, June 5th, Judge John McConnel Jr. of the U.S. District Court for the District of Rhode Island voided four new policies established by U.S. Citizenship and Immigration Services, most significantly ordering the administration to process work authorization requests and permanent residence- (green cards) for individuals born in one of the 39 countries under President Trump’s travel bans. The Judge also voided a global hold on asylum applications and requests for other benefits.
Compliments of Tarter Krinsky & Drogin – a member of the EACCNY