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… Read the complete article here...
© 2026 Foley & Lardner LLP
