On June 12, 2026, the U.S. District Court for the District of Massachusetts temporarily stayed its June 8 order vacating the $100,000 H-1B fee established under Presidential Proclamation 10973.
As a result, USCIS may continue requiring the fee for H-1B petitions filed for consular notification, as well as petitions that are only approvable through consular notification, while further appellate review is pending.
The temporary stay will remain in effect while the U.S. Court of Appeals for the First Circuit considers the government’s anticipated request for a longer stay during the appeal. The government must file its request by June 18, 2026. If it does not, the district court’s June 8 decision vacating the fee could be reinstated.
What Changed
On June 8, 2026, the district court vacated the $100,000 H-1B fee, finding that the policy exceeded executive authority and violated the Administrative Procedure Act. However, following the government’s appeal, the court has temporarily paused that ruling to allow the appellate court to consider whether the vacatur should remain suspended during the appeal process.
What This Means for Employers
- For now, employers should continue treating the $100,000 fee as operative for affected H-1B filings.
- The legal status of the fee remains unsettled and may change quickly as the appeal proceeds.
- Employers with planned H-1B filings should consult immigration counsel before submission and monitor USCIS guidance closely.
USILAW will continue monitoring developments and provide updates as additional court decisions or agency guidance become available.