Court Allows Continuation of $100,000 H-1B Fee Amid Ongoing Legal Developments
On June 12, 2026, the U.S. District Court for the District of Massachusetts temporarily halted its June 8 ruling, which invalidated the U.S. Citizenship and Immigration Services (USCIS) policy that instituted a $100,000 fee for H-1B visas as outlined in President Trump’s September 19 proclamation.
This recent court order enables USCIS to continue collecting the $100,000 fee for H-1B petitions that are filed or approved solely through consular notification while further appellate reviews are conducted.
Timeline of Legal Proceedings
Earlier, on June 8, 2026, the district court declared the enforcement of the $100,000 fee unlawful. However, following an appeal by the government to the United States Court of Appeals for the First Circuit on June 12, the court sought to prevent any potential confusion during the appeal process.
In response, the district court suspended its earlier ruling to allow the First Circuit to evaluate the government’s request for a stay. To maintain the suspension of this order, the government is required to submit its stay request to the First Circuit by June 18, 2026.
Implications for Employers
Currently, employers should prepare for the possibility of USCIS enforcing the $100,000 fee for eligible H-1B petitions filed via consular notification. Companies intending to submit affected petitions need to anticipate that USCIS may continue to require payment unless the court issues a contrary ruling. The outcome of the First Circuit’s decision on the government’s stay request will be crucial in determining the fee’s applicability during the appeal.
Next Steps in the Legal Process
The immediate action to follow includes the government’s obligation to file a cease and desist request with the First Circuit by June 18, 2026. If this request is granted, it is likely that USCIS will keep collecting the $100,000 fee while the appeal is in process. Conversely, should the First Circuit deny the stay, the previous order from the district court would come into effect, which could inhibit USCIS from collecting the fee during the ongoing litigation.
Long-Term Considerations
The forthcoming decision from the First Circuit regarding the government’s stay request marks a significant point in what might evolve into a prolonged legal dispute surrounding the $100,000 H-1B fee. Despite recent losses in court, the government continues to assert the legality of these fees in response to challenges from the U.S. Chamber of Commerce and other business entities. Given the critical nature of this issue for employers and its financial implications, the government may persist with appeals, even if the First Circuit rules against it.
Potential for Supreme Court Review
There remains a chance for further review by the U.S. Supreme Court, particularly if conflicting rulings emerge from different federal appellate courts or if the government seeks definitive judgment on its authority to enforce and collect these fees. Employers should anticipate ongoing uncertainty as legal proceedings unfold, necessitating close monitoring of developments, as fee enforcement may change repeatedly before a final resolution is achieved.
Recommended Actions for Employers
For employers considering H-1B applications subject to the fee, it is advisable to:
- Review strategies and timelines for H-1B filings.
- Explore alternative submission options, if feasible.
- Prepare budgets for the potential $100,000 fee.
- Stay vigilant and monitor ongoing developments, as the legal landscape remains dynamic and subject to rapid change following actions by the First Circuit.
WR Immigration will continue to provide updates and insights as more information regarding this evolving situation becomes available.
