Since June, a major policy lawsuit surrounding the H-1B visa has been escalating, with multiple reversals in a short period, becoming a focal point in the U.S. immigration system.
This event not only concerns the legality of a fee policy but also exposes a core issue: relying on a single temporary work visa pathway for status planning is facing increasing institutional uncertainty.
1. Event Review: From "Revoked" to "Temporarily Restored" in Rapid Reversal
On June 8, a U.S. federal district court judge issued a key ruling, determining that the Trump administration's "H-1B $100,000 additional fee policy" lacked a legal basis and announced its revocation.
However, the situation reversed rapidly within just a few days.
• June 11: Government Appeals + Requests "Stay of Execution"
The U.S. Department of Justice acted swiftly, not only appealing the ruling but also requesting a "stay of execution," asking for the district court's June 8 revocation order to be suspended during the appeal.
Their core arguments included:
The government believes it has a "high likelihood of success" in the appeal
Argues that the $100,000 fee falls under the president's legitimate authority in immigration and foreign affairs
Cites "national security," emphasizing that suspending the policy would lead to a flood of new applications, destabilizing the system
• June 12: Court Partially Supports Government's Position
U.S. District Court Judge Leo T. Sorokin of Massachusetts issued a compromise decision:
❌ Refused to fully support the government's stay request on substantive grounds
✅ Approved an "administrative stay," allowing the policy to continue during the appeal
At the same time, the court set a key deadline: the government must formally submit a stay request to the First Circuit Court of Appeals by June 18, 2026.
2. Policy Status: Appears "Still Effective" but Remains Uncertain
Currently, the H-1B "$100,000 fee policy" is in a typical "legal limbo":
✔ District Court: Has ruled the policy invalid (revoked)
✔ Appeal Process: Substantive review has not yet begun
✔ Temporary Measures: Policy allowed to continue during the appeal
This type of status is not uncommon in U.S. administrative and judicial conflicts, but for applicants, the impact is real—costs, pathways, and timelines all enter an uncertain zone.
3. Two Possible Outcomes: Short-Term Uncertainty Will Persist
The future trajectory mainly involves two possibilities:
Scenario 1: Government Fails to Submit Application on Time (Low Probability)
The district court's June 8 revocation order takes effect again, and the H-1B $100,000 additional fee policy is completely overturned, meaning applicants no longer need to bear the fee. However, given the current political and judicial pace, this scenario is unlikely.
Scenario 2: Government Submits Appeal on Time (Higher Probability)
The case enters the First Circuit Court of Appeals for review. During the review, the fee policy may continue to be enforced.
If the appellate court supports the government → The fee remains valid long-term
If the appellate court rejects the government → The policy becomes invalid again
Furthermore, the case is likely to be appealed to the Supreme Court, resulting in a prolonged tug-of-war.
4. Key Takeaway: Uncertainty in the U.S. H-1B Visa System is Rising
The significance of this case goes beyond the reasonableness of the fee; it sends a broader signal:
The U.S. H-1B visa system is entering an environment of more frequent policy fluctuations.
In this context, "controllability" becomes a key metric for status planning.
5. Comparative Pathway: EB-5's Certainty Advantage is Significant
In stark contrast to H-1B, the EB-5 immigration pathway, centered on investment, demonstrates stronger structural certainty in the current environment.
The core features of EB-5 include:
✔ Clear status pathway: Focused on compliant investment and job creation
✔ Not employer-dependent: Avoids the instability caused by H-1B's employer ties
✔ Not reliant on a lottery system: Avoids randomness
✔ Relatively stable legal framework: As a congressional immigration category established in 1990, it has been operational for over 30 years
✔ New EB-5 advantages under the law: Through the "dual filing" mechanism (simultaneous submission of I-526E and I-485), applicants can quickly obtain a combo card, securing career freedom early. Rural EB-5 projects also enjoy no backlog and priority review.
6. In an Era of Uncertainty, Choosing is More Important than Effort
Against the backdrop of frequent policy fluctuations, a more critical question emerges for applicants: Should you continue waiting for policy changes, or should you build a status plan that does not rely on a single policy variable as soon as possible?
Currently, it is an excellent time to immigrate to the U.S. through EB-5. The earlier the evaluation and planning are completed, the easier it is to lock in current policy conditions.