Immigration Updates: $100,000 H-1B Fees and USCIS Processing Times

On June 8, 2026, a federal judge in Massachusetts struck down the $100,000 H-1B visa fee, ruling the fee was an unlawful tax and a violation of the Administrative Procedure Act. The fee was in place since September 2025 and had a significant impact on this year’s H-1B lottery – registrations were overwhelmingly for individuals already here in the United States instead of abroad. 

• This ruling may not be the immediate end of the fee. The Trump administration will probably appeal the ruling and seek to reinstate the fee while that is pending; it could also try new legal grounds to justify the fee. 

• The State Department has issued all available immigrant visas to Indian nationals in the EB-2 category for the fiscal year – the annual limits will reset on October 1, 2026. 
• Foreign nationals with pending green card applications with U.S. Citizenship & Immigration Services (USCIS) may have noticed some changes to case processing over the past several months. Certain receipt notices (I-130, I-129, I-140) list the processing location at the bottom “Service Center Operations (SCOPS)” in Texas. This centralized office is able to relocate and process cases according to workload and staffing across the five major service centers.
• The processing times that are publicly available constitute the average amount of time it took USCIS to complete 80% of adjudicated cases over the past six months. Those with pending cases that have exceeded the processing times may be interested in making a service request online – but the website only allows this for cases beyond the 93% completion mark.
• Filings that traditionally require an interview, like family-based green cards, are typically processed at a local field office while the work card, advance parole, and I-864 financial sponsorship are retained by the National Benefits Center (NBC). Fiancé petitions and standalone I-130 petitions are being handled by SCOPS. Personal USCIS accounts that have been linked to a particular case may be able to provide a more detailed timeline.

Have questions about an immigration matter? Contact the Law Office of Ryan Morgan Knight to schedule a free consultation at ryan@immigrationknight.com.  

Disclaimer: The opinions and views expressed in this article/column are those of the author(s) and do not necessarily reflect the views or positions of South Asian Herald.

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