On June 8, 2026, a federal judge in Massachusetts vacated the $100,000 fee that the Trump administration had placed on new H-1B visa petitions. U.S. District Judge Leo Sorokin ruled that the charge was an unlawful tax, and that the president had no authority from Congress to impose it. For the technology companies, hospitals, and universities that rely on H-1B workers, the decision removes a cost that had sharply reduced new filings since it took effect last fall.
The ruling reads like a clean win for employers and foreign professionals, while the reality is more complicated.
Two Courts, Two Opposite Answers
Why This Matters if You Are Weighing Your Options
The Current Investment Thresholds
Two Courts, Two Opposite Answers
The Massachusetts case was brought by a coalition of 20 Democratic state attorneys general, led by California and Massachusetts. In a 42-page decision, Sorokin leaned on the Supreme Court’s 2012 health care ruling (NFIB v. Sebelius) to conclude that the payment functions as a tax rather than a penalty, and that only Congress can authorize a tax of this kind. Government filings showed how much the fee had stalled the program: as of mid-February 2026, only 85 employers had paid it.
Months earlier, a different federal judge reached the opposite conclusion. In December 2025, U.S. District Judge Beryl Howell in Washington, D.C., upheld the same fee in a case brought by the U.S. Chamber of Commerce, finding that it fell within the president’s broad power over immigration. That decision is on appeal, and a ruling could come at any time. The administration has said it will appeal the Massachusetts decision as well.
So the fee is blocked for now, and the question is unsettled. Two federal courts have ruled in opposite directions, which means the matter is likely headed to the appellate courts and possibly the Supreme Court. Employers and visa holders are left planning around a rule that could change again with the next decision.
Why This Matters if You Are Weighing Your Options
The fee fight is one more reminder of how exposed the H-1B path has become. Set aside the $100,000 charge, and the program still runs on an annual lottery that most applicants never win, ties a worker’s status to a single employer, and shifts with each new proclamation, regulation, and court ruling. A layoff can end someone’s status with little warning. For families who want to build a long-term future in the United States, that level of contingency is hard to plan around.
This is where the EB-5 program offers a different proposition. Instead of depending on an employer or an annual lottery, EB-5 grants lawful permanent residence through a qualifying investment that creates jobs for American workers. An approved investor, along with a spouse and unmarried children under 21, receives Green Cards, with the freedom to live, work, and study anywhere in the country. The path does not hinge on whether a given employer files a petition or whether a fee survives the next appeal.
The Current Investment Thresholds
The minimum EB-5 investment is $800,000 for projects in a targeted employment area (TEA) or a qualifying infrastructure project, and $1,050,000 for projects elsewhere. These amounts have been in place since the EB-5 Reform and Integrity Act of 2022 took effect. Under that law, the thresholds adjust for inflation every five years, with the first adjustment scheduled for January 1, 2027. Recent industry analysis suggests the TEA minimum could rise to roughly $900,000 or higher. Investors whose petitions are filed before the adjustment may qualify at today’s amounts, which gives anyone already considering EB-5 a concrete reason to act while the current figures hold.
The H-1B fee ruling will keep moving through the courts, and its final outcome is hard to predict. For people who would rather not build their American future on a program that changes this often, EB-5 remains a more predictable route to permanent residency.
More than 3,000 families from over 70 countries have selected EB-5 projects sponsored by EB5AN regional centers. Our expert team has more than a decade of experience and offers clients high-quality, low-risk EB-5 regional center projects with a 100% USCIS project approval rate.
To learn more about your EB-5 investment options, schedule a one-on-one call with our expert team today.
