Since June, a major policy lawsuit surrounding the H-1B visa has continued to ferment, experiencing multiple reversals in a short period, and has become a focal point of recent attention within the U.S. immigration system.
This event not only concerns the legality of a fee policy but also once again exposes a core issue: status planning that relies on a single temporary work visa path is facing increasingly high institutional uncertainty.
1. Event Review: The rapid reversal from "revoked" to "temporarily reinstated"
On June 8, a U.S. federal district court judge made a key ruling, determining that the "$100,000 additional fee policy for H-1B" proposed by the Trump administration lacked a legal basis for authorization and announced its revocation. (For details, please click to read the previous report by WorldWay: Breaking! Trump's new H-1B policy rejected by court)
However, it reversed rapidly within just a few days.
• June 11: Government files an appeal + applies for a "stay of execution"
The U.S. Department of Justice acted quickly, not only filing an appeal against the ruling but also applying for a "stay of execution," requesting that the district court's June 8 revocation order be suspended during the appeal process.
Its core arguments included:
The government believes it has a "high likelihood of success" in the appeal
It asserts that the $100,000 fee falls under the President's legitimate authority in immigration and foreign affairs
Citing "national security" as a reason, it emphasizes that if the execution is suspended, a large influx of new applications will occur, impacting the stability of the system
• June 12: Court partially supports the government's position
U.S. District Court Judge for the District of Massachusetts, Leo T. Sorokin, made a compromise decision:
❌ Refused to fully support the government's stay application on a substantive level
✅ But approved an "administrative stay," allowing the policy to continue to be enforced during the appeal process
At the same time, the court set a key timeline: the government must formally submit a stay application to the First Circuit Court of Appeals by June 18, 2026.
2. Policy Status: Seemingly "still effective," but actually unresolved
From the current status, the H-1B "$100,000 fee policy" presents a typical "legal limbo state":
✔ District Court: Has ruled the policy invalid (revoked)
✔ Appellate Procedure: Substantive hearings have not yet begun
✔ Interim Measures: Policy allowed to continue during the proceedings
This type of status is not uncommon in conflicts between U.S. administrative and judicial branches, but for applicants, the impact is real—costs, paths, and timelines have all entered a zone of uncertainty.
3. Two possible outcomes: Short-term uncertainty will continue
There are mainly two possibilities for the subsequent trend:
Scenario 1: The government fails to submit the application on time (lower probability)
The district court's June 8 revocation order is reinstated, the $100,000 additional fee policy for H-1B is completely overturned, and applicants no longer need to bear this cost. However, judging from the current political and judicial rhythm, the probability of this situation is low.
Scenario 2: The government appeals on schedule (higher probability)
The case enters the First Circuit Court of Appeals for review, and during the review period, the fee policy may continue to be enforced.
If the appellate court supports the government → the fee remains effective for a long term
If the appellate court rejects it → the policy becomes invalid again
Furthermore, the case is likely to be appealed to the Supreme Court, forming a long-term tug-of-war.
4. Core Insight: Uncertainty for U.S. H-1B visas is rising
The significance of this case is no longer just about whether the fee is reasonable, but it releases a broader signal:
The U.S. H-1B visa system is entering an environment of higher-frequency policy volatility.
In this context, "controllability" has become a key indicator for status planning.
5. Comparative Path: The certainty advantage of EB-5 is significant
In stark contrast to H-1B, the investment-centered EB-5 immigration path presents stronger structural certainty in the current environment.
The core features of EB-5 are:
✔ Clear status path: Centered on compliant investment and job creation
✔ Does not rely on an employer: Avoids the instability brought by H-1B's employer-binding nature
✔ Does not rely on a lottery mechanism: Avoids randomness
✔ Relatively stable legal framework: It is a category of immigration established by Congressional legislation and has been operating for over 30 years since its inception in 1990
✔ Exclusive advantages of EB-5 under the new law: Through the "concurrent filing" mechanism (submitting I-526E and I-485 simultaneously), one can quickly obtain a Combo card and lock in professional freedom in advance. Rural EB-5 projects also enjoy visa-availability and priority processing rights.
6. In an era of uncertainty, choices are more important than effort
Against the backdrop of frequent policy fluctuations, a more critical question is emerging for applicants: Should you continue to wait for policy changes, or build a status plan that does not rely on a single policy variable as soon as possible?
Currently, it is a good time to immigrate to the U.S. through the EB-5 method. The earlier you complete the assessment and planning, the easier it is to lock in the current policy conditions. WorldWay holds two high-quality EB-5 projects, "Marriott Resort & Spa at Lakeview" and "Hilton Hotel at Sugar Mountain, North Carolina," to help investors quickly realize their U.S. status planning.
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