Author: Eli Greenspan, Policy Advisor for AAPPR through Foley Hoag, LLP

Last Updated: June 10, 2026

What is the latest H-1B Update?

On June 8th, the U.S. District Court for the District of Massachusetts vacated the $100,000 fee on new H-1B petitions, ruling it exceeded executive authority and violated the Administrative Procedure Act. This is a welcome but potentially temporary development. As appeal is expected and recruitment teams should stand by and consult with your immigration counsel before changing filing strategies.

Background

In September 2025, a presidential proclamation imposed a $100,000 payment requirement on new H-1B visa petitions filed on or after September 21, 2025. The fee was a one-time charge at filing for those not currently in country, with potential for exceptions if deemed in the national interest, which the Administration never exercised. It did not apply to renewals, previously filed petitions, or current H-1B holders. You can read previous updates on the H-1B policy here.

What’s at Stake for Health Care

International medical graduates (IMGs) make up about one in four U.S. physicians and disproportionately serve underserved communities. The American Hospital Association found that more than 70% of hospitals expected the fee to impact patient care, 64% planned to pause or limit H-1B recruitment, and 57% of affected positions were clinical roles. For many rural and safety net facilities, H-1B sponsorship is essential for maintaining access to primary care and specialty services.

What the Court Ruled

U.S. District Judge Leo Sorokin sided with 20 states, finding the fee constituted a tax on H-1B petitions not directed by Congress. The court vacated the policy as exceeding executive authority and violating the APA.

While the ruling is a significant development, the policy landscape remains unsettled. The federal government is expected to appeal the Massachusetts decision, and other litigation over the $100,000 H-1B fee remains pending in different federal courts.

Next Steps

AAPPR continues to support the bipartisan H-1Bs for Physicians and the Healthcare Workforce Act, which would exempt health care professionals from the $100,000 fee. Legislative action remains essential to provide meaningful relief regardless of litigation outcomes. Recruitment teams should continue to monitor this space closely, preserve documentation of any pending applications or fees paid, and monitor DHS/USCIS for guidance and court developments.

Please reach out if you have any questions.