On June 8, local time, a ruling by a U.S. federal court once again placed H-1B in the spotlight.
U.S. District Court Judge for the District of Massachusetts, Leo T. Sorokin, has officially ruled that the "new $100,000 fee for H-1B applications" policy previously introduced by the Trump administration is unlawful and must be halted. The court held that this fee is essentially a tax, and the power to levy taxes belongs to Congress; the President has no authority to establish it unilaterally. Furthermore, the policy also violated federal administrative procedure requirements.
After the news was released, many families preparing to work in the U.S. breathed a sigh of relief. However, focusing only on the "cancellation of the fee" may overlook a more significant signal—what truly deserves attention is not whether this specific fee is cancelled, but that the U.S. high-skilled immigration system is entering a period of sustained high volatility.
A Single Ruling
Does Not Mean H-1B Has Returned to Stability
Reviewing the event: In September 2025, the Trump administration issued a presidential proclamation significantly increasing the costs for certain new H-1B applications, raising the application fee, which was typically in the thousands of dollars, to $100,000. The government's stated reasons were: to limit program abuse, protect the U.S. labor market, and encourage companies to prioritize the development of domestic talent.
The policy triggered multiple rounds of litigation shortly after its introduction: the U.S. Chamber of Commerce and university institutions were the first to challenge it; 20 states filed a joint lawsuit; and different federal courts even issued conflicting rulings.
Now, the Massachusetts court has announced a stay. However, the White House has clearly stated it will continue to appeal.
This means: This is not the end, but likely just the beginning of the next round of the game.
The Real Problem with H-1B
Has Never Been Just About Being "Expensive"
In the past, many families understood H-1B as: Graduation → Job Search → Lottery → Stay in the U.S. → Green Card Adjustment.
But reality has long since changed. Today's H-1B faces uncertainty from at least four levels:
• Limited Quotas and Fierce Competition: The annual H-1B quota is 65,000 regular spots + 20,000 exclusive spots for those with a U.S. master's degree or higher, totaling 85,000, while the number of applicants far exceeds the quota. Beyond the lottery, there are uncertainties such as corporate hiring plans and job matching; it is difficult to build family planning on random events.
• Accelerated Policy Changes: Application costs, lottery mechanisms, wage thresholds, administrative interpretation updates... changes can occur quarterly or even monthly. Even if you have already entered the U.S., it does not mean the rules will not change; the uncertainty of status affects education, career, and life planning.
• Binding of Work and Status: H-1B is an employer-bound status; company layoffs, job changes, or industry fluctuations can all directly affect legal stay. The volatility in the tech industry over the past few years has made many families realize: job stability ≠ status stability.
• Moving from "Opportunity-Based Status" to "Screening-Based Status": U.S. high-skilled immigration policy is releasing an increasingly clear trend—talent is welcome, but the threshold is rising. The future is not just about competing on academic qualifications, but about who completes their status layout earlier.
Therefore, more and more families are beginning to think in reverse: establish a status safety cushion first, then plan education and career. Once status is secured, children's educational paths are more stable, there is more room for career choices, and life and asset allocation are more relaxed.
New Opportunities Brought by the New EB-5 Law
With the implementation of the new EB-5 law, its two major advantages have attracted attention: First, the opportunity for no visa backlog brought by reserved visas; second, the "concurrent filing" policy allows applicants in the U.S. to file I-526E and I-485 simultaneously, quickly obtaining a Combo Card to achieve legal residency and work authorization.
Precisely because "concurrent filing" has become the current focus, the approval discretion, filing rhythm, and potential impact brought by recent adjustments to I-485 adjudication policies have also become topics of general concern for investment families.
To help families more systematically understand the latest policies and status arrangements, the national roadshow for the "Marriott Lakeview Resort" EB-5 project, exclusively represented by WorldWay in Greater China, is currently in full swing. The Shenzhen station on June 7 was successfully held, with an enthusiastic response on-site.
The roadshow has specially invited senior attorneys from the well-known U.S. immigration law firm Miller Mayer to attend in person, providing in-depth analysis on EB-5 status planning, I-485 "concurrent filing," and adjudication trends in light of the latest policy changes. At the same time, they will also provide professional interpretation of the recently highly-watched H-1B policy hotspots and potential future impacts, helping families more comprehensively understand policy trends and seize the window for status planning.
The roadshow will continue in the following cities:
June 12 Hong Kong, China
June 13 Shanghai, Qingdao
June 14 Beijing
We cordially invite you to secure your seat in advance and seize the critical timing for U.S. green card planning.
Great news! To help investors sprint for the EB-5 "930" golden window, WorldWay has launched a limited-time promotional event. Customers who process U.S. immigration projects during June 2026 can enjoy exclusive WorldWay discounts. For details, please contact your dedicated WorldWay consultant or customer service.
Seat reservation hotline, for details please inquire in Mainland China: 400-138-2929, Hong Kong, China Customer Service Center: (852)2802 8798