A federal district court in Massachusetts on June 12, 2026 temporarily stayed its June 8, 2026 decision that vacated U.S. Citizenship and Immigration Services’ (USCIS) policy implementing the $100,000 H-1B fee established under President Trump’s September 19 presidential proclamation.
As a result of the court’s latest order, USCIS is currently permitted to continue requiring the $100,000 fee for H-1B petitions filed for, or only approvable through, consular notification while further appellate review proceeds.
Brief History
On June 8, 2026, the district court invalidated USCIS’s implementation of the $100,000 H-1B fee. However, on June 12, 2026, the government appealed that ruling to the U.S. Court of Appeals for the First Circuit and sought relief to prevent disruption while the appeal is pending.
In response, the district court temporarily paused its June 8 ruling to allow the First Circuit an opportunity to consider the government’s anticipated request for a stay. The government must file its stay request with the First Circuit by June 18, 2026, for the district court’s pause of the vacatur order to remain in effect.
The appeal is pending in State of California, et al. v. Mullin, et al., No. 26-1699 (1st Cir. June 12, 2026).
What This Means for Employers
At present:
- USCIS may continue to require payment of the $100,000 fee for qualifying H-1B petitions involving consular notification.
- Employers planning to file affected H-1B petitions should anticipate that USCIS may continue enforcing the fee requirement unless and until a court orders otherwise.
- The First Circuit’s forthcoming decision on the government’s stay request will determine whether USCIS may continue collecting the fee during the pendency of the appeal.
What Happens Next?
The immediate next step is the government’s anticipated filing of a stay request with the First Circuit by June 18, 2026.
If the First Circuit grants a stay, USCIS will likely continue collecting the $100,000 fee while the appeal is litigated. If the First Circuit denies the stay, the district court’s June 8 vacatur order may take effect, potentially preventing USCIS from collecting the fee during the appeal process.
The First Circuit’s upcoming decision on the government’s stay request will likely be only the next step in what could become a longer legal battle over the $100,000 H-1B fee.
Notably, the government continues to defend the legality of the fee despite this recent adverse court decision, as well as a favorable decision for the government in the litigation brought by the U.S. Chamber of Commerce and other business groups challenging the fee requirement. Given the significance of the issue for employers, the substantial revenue implications, and the potential for differing outcomes among federal courts, the government may continue pursuing appellate review if it does not prevail in the First Circuit.
As a result, the possibility of further review by the U.S. Supreme Court cannot be ruled out, particularly if conflicting decisions emerge among the federal courts of appeals or if the Administration seeks a definitive ruling regarding its authority to impose and collect the fee.
Employers should anticipate continued uncertainty while the litigation proceeds and should closely monitor developments, as the enforceability of the fee may change multiple times before a final resolution is reached.
Recommended Actions
Employers considering H-1B filings that may be subject to the fee should:
- Review upcoming H-1B filing strategies and timelines;
- Evaluate whether alternative filing options may be available;
- Budget for the potential application of the $100,000 fee;
- Monitor developments closely, as the legal landscape remains fluid and could change quickly following action by the First Circuit.
WR Immigration will continue to monitor developments and provide updates as additional information becomes available.
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