Within days of each other, two federal district courts have issued landmark rulings vacating major Trump administration immigration policies — including the $100,000 H-1B fee and four USCIS policies freezing benefits for nationals of travel-ban countries. These decisions create immediate opportunities — and real risks — for thousands of applicants. Do not wait to act.

Ruling One: The $100,000 H-1B Fee Is Gone — For Now

On June 8, 2026, a federal judge in Massachusetts struck down the $100,000 supplemental payment requirement that had been imposed on new H-1B petitions since September 2025 under Presidential Proclamation 10973. The court granted summary judgment to a coalition of twenty states and vacated the policy in its entirety, with nationwide effect.

The court found the fee unlawful on three independent grounds. First, the $100,000 charge is a tax — and only Congress has the authority to impose taxes. The president cannot create new taxes through a proclamation, regardless of how it is framed. Second, no existing immigration statute gave USCIS or the State Department authority to collect such a payment. Third, the agencies violated the Administrative Procedure Act in implementing the policy without proper notice-and-comment rulemaking.

What This Means Right Now

Critically, the Trump administration is expected to appeal and may seek an emergency stay of the ruling. If a stay is granted, the fee could be reinstated on short notice. The window to file without the fee is open — but it may not stay open for long.

Ruling Two: USCIS Benefits Freeze for Travel Ban Countries Is Vacated

Three days earlier, on June 5, 2026, Chief Judge McConnell of the U.S. District Court in Rhode Island issued an equally sweeping decision, vacating four USCIS policies that had frozen immigration benefits for nationals of 39 countries designated under President Trump’s December 2025 travel ban, Proclamation 10998.

The four policies struck down are the Benefits Hold — which froze green card, work permit, and citizenship applications for nationals of travel ban countries; the Global Asylum Hold — which paused all asylum decisions regardless of country of origin; the Comprehensive Re-Review Policy — which required officers to re-examine previously approved benefit applications for travel ban nationals; and the Country-Specific Negative Factor Policy — which directed officers to treat an applicant’s nationality as a significant negative factor in any case requiring discretion.

The court found all four policies violated the Administrative Procedure Act and vacated them in their entirety. Unlike earlier court orders in this area, which provided limited relief only to named plaintiffs, this ruling is a full vacatur — meaning it applies to all pending cases nationwide, not just those brought by the plaintiffs.

Who Is Affected

If you or a family member is a national of any of the 39 countries covered by Proclamation 10998, and you have a pending green card application, work permit, asylum case, or citizenship application that has been held or stalled since late 2025, these rulings directly affect you. USCIS has not yet issued formal updated guidance, but the legal basis for holding your application has been declared unlawful.

What You Should Do Right Now

• 1 Contact our office immediately if you have an H-1B petition that was held up by the $100,000 fee requirement, or if you are an employer who paid the fee or had a petition denied because of it.
• 2 Contact us if your application was frozen due to the USCIS benefits hold affecting travel ban country nationals — whether it is a green card, work permit, asylum case, or citizenship application.
• 3 Do not assume automatic resumption. USCIS has not yet issued updated operational guidance. Your case will not move forward on its own — proactive steps with counsel are needed.
• 4 Act before any stay is issued. The government is expected to appeal both rulings quickly. There may be a narrow window to file, refile, or escalate your case before the situation changes again.
• 5 Preserve all records of fees paid, denial notices, or hold notices received. These documents will be critical if you seek reconsideration or a refund.

Our Assessment

These are genuinely significant victories for immigrants, employers, and the rule of law. The courts have made clear that the executive branch cannot unilaterally impose taxes or freeze adjudications without proper legal authority. But court victories in immigration law rarely translate immediately into resolved cases. Appeals, stays, and agency delays are the norm — and the clients who benefit most are those who move quickly with experienced legal guidance.

We are monitoring both cases in real time and will update this page as the government responds, USCIS issues new guidance, or either ruling is stayed or appealed. If your case may be affected, the time to call is now — not after the landscape shifts again.