• Insights

United States: District Court Temporarily Stays Order Vacating $100,000 H-1B Fee

June 12, 2026

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • A Massachusetts district court has temporarily paused its June 8 order vacating the $100,000 H-1B proclamation fee policy; the pause will remain in place until an appeals court can rule on the government’s anticipated request for a stay of the June 8 vacate decision.
  • The district court has given the government until June 18 to file its request with the appeals court or the lower court’s vacate order will be reinstated.
  • For the time being, USCIS is permitted to require the $100,000 fee for approval of H-1B petitions that are filed for or are only approvable for consular notification.
  • The status of the fee could change quickly as litigation actions proceed; employers should monitor developments with immigration counsel.

The issue

Today, a federal district court in Massachusetts temporarily stayed its June 8 ruling that vacated the U.S. Citizenship and Immigration Services (USCIS) policy implementing the $100,000 H-1B fee created by President Trump’s September 19 presidential proclamation. The district court is briefly staying its June 8 vacate order until the First Circuit Court of Appeals has the opportunity to rule on the government’s anticipated request for a stay of the vacate order. The government must file its stay request with the First Circuit by June 18 in order for the district court vacate ruling to remain paused.

Today’s district court decision was issued on the same day the government filed an appeal of the June 8 district court vacate decision; it is anticipated that the government will seek a stay of the vacate order while the appeal is pending. The appeals case is State of California, et al. v. Mullin, et al., Docket No. 26-01699 (1st Cir., Jun 12, 2026).

Following today’s district court order, USCIS is now permitted to require the $100,000 fee for approval of any H-1B petition that is filed for or only approvable for consular notification. It is anticipated that the government will seek a stay of the June 8 district court vacate order by the required June 18 deadline. The First Circuit decision on the government’s stay request will then determine whether the $100,000 fee can be collected by USCIS while the government’s appeal proceeds.

Background

On June 8, the federal district court in Massachusetts vacated the $100,000 H-1B fee policy in its entirety, taking the position that the fee amounts to a tax, for which a presidential proclamation and agency implementation was not a proper exercise of power. The court also declared the policy to be in excess of statutory authority, procedurally deficient, and arbitrary and capricious, and therefore, unlawful under the Administrative Procedure Act (APA). The district court granted summary judgment to the plaintiffs, meaning that, for the time being, USCIS was not permitted to collect the $100,000 fee from H-1B employers. The district court case is State of California et al. v Markwayne Mullin, et al., Case No., 1:25-cv-13829 (D. Mass., filed Dec. 12, 2025).

What’s next

Unless and until a contrary court order is issued or unless the government misses the June 18 filing deadline for a stay request, USCIS is permitted to require the $100,000 fee for the approval of H-1B petitions that are filed for or only approvable for consular notification. It is expected that there will be further litigation developments and swift implementation changes regarding the $100,000 fee with little or no notice, so employers should stay in close contact with immigration counsel.

Fragomen is closely following the litigation challenging the presidential proclamation and any impact on implementation. We will provide updates as developments occur.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Hong Kong Business Magazine: Employers Seek Broader Immigration Reforms

In this Hong Kong Business article, Managing Director Magdalene Tennant discusses Hong Kong’s recent decision to allow employment and dependent visa renewal applications to be filed up to three months before expiry, a change intended to reduce the risk of work disruptions and provide employers with greater flexibility in managing foreign talent.

Learn more

Media mentions

Professional Engineering: How to Access International Engineering Talent in a Changing Immigration System

In this article published by Professional Engineering, Senior Manager Nadine Barnole examines how UK engineering employers can continue to access international talent amid growing skills shortages and a rapidly evolving immigration landscape.

Learn more

Media mentions

Times Brasil CNBC: How Technology is Reshaping Identity Verification Systems

In this Times Brasil CNBC Real Tech interview, Partner Diana Quintas discusses Brazil’s recent visa exemption for Chinese nationals, what it signals for Brazil-China mobility and how technology is helping support more efficient cross-border movement.

Learn more

Podcast

World Refugee Day 2026

In this episode of The Immigration Conversation, Business Immigration Manager Ayana Ibrahimi is joined by Lara Dyer, Chief Solutions Officer (Americas) at Talent Beyond Boundaries; Stuart Szabo, CEO and Co-founder of Beacon; and Jessica Turner, Co-founder and CEO of ThriveON, to discuss refugee labour mobility and employment-based pathways for displaced talent.

Learn more

Video

Business Travel to China | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui provides an overview of key visa and compliance considerations for business travelers planning trips to China.

Learn more

Media mentions

Michigan Law’s Law Quadrangle: Christopher Wendt, ’98: At the Intersection of Immigration and Health Care Workers

In this profile published in Michigan Law’s Law Quadrangle, Counsel Christopher Wendt discusses the role of immigration in supporting the US healthcare workforce and expanding access to civil legal aid in Minnesota.

Learn more

Media mentions

WealthBriefing: The End of the Golden Visa?

Director Isobel Neilson discusses how investment migration programs are evolving amid political scrutiny, regulatory reform and shifting priorities, with governments moving toward pathways that emphasise economic contribution, talent and stronger ties to host countries.

Learn more

Fragomen news

Fragomen Welcomes Christopher Wendt as Counsel

Fragomen welcomes Counsel Christopher Wendt in Minnesota, bringing nearly three decades of immigration law experience, including more than 20 years supporting workforce immigration programs for Mayo Clinic.

Learn more

Media mentions

The ABC: Switzerland is Set to Vote on a Population Cap. Here's Why it's Divided the Nation

Senior Counsel Dr. Anna Boucher discusses Switzerland’s rejected population cap referendum and the role of immigration in supporting workforce and economic stability.

Learn more

Awards

Fragomen Featured in Global Mobility Lawyer’s 2026 GML Elite

Fragomen has been featured in the 2026 GML Elite, Global Mobility Lawyer’s inaugural guide to leading global mobility teams, highlighting the firm’s global immigration capabilities, international footprint and work supporting multinational clients.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Die Blaue Karte EU 2026

Partner Marius Tollenaere outlines the key 2026 EU Blue Card changes employers must understand to stay compliant and competitive.

Learn more

Media mentions

STV News: What Can Scots Fans Do if Their US Travel Permits Have Been Revoked?

Partner Charlotte Slocombe explained options available to Scotland fans whose US ESTAs have been denied or revoked ahead of the FIFA World Cup.

Learn more

Media mentions

Hong Kong Business Magazine: Employers Seek Broader Immigration Reforms

In this Hong Kong Business article, Managing Director Magdalene Tennant discusses Hong Kong’s recent decision to allow employment and dependent visa renewal applications to be filed up to three months before expiry, a change intended to reduce the risk of work disruptions and provide employers with greater flexibility in managing foreign talent.

Learn more

Media mentions

Professional Engineering: How to Access International Engineering Talent in a Changing Immigration System

In this article published by Professional Engineering, Senior Manager Nadine Barnole examines how UK engineering employers can continue to access international talent amid growing skills shortages and a rapidly evolving immigration landscape.

Learn more

Media mentions

Times Brasil CNBC: How Technology is Reshaping Identity Verification Systems

In this Times Brasil CNBC Real Tech interview, Partner Diana Quintas discusses Brazil’s recent visa exemption for Chinese nationals, what it signals for Brazil-China mobility and how technology is helping support more efficient cross-border movement.

Learn more

Podcast

World Refugee Day 2026

In this episode of The Immigration Conversation, Business Immigration Manager Ayana Ibrahimi is joined by Lara Dyer, Chief Solutions Officer (Americas) at Talent Beyond Boundaries; Stuart Szabo, CEO and Co-founder of Beacon; and Jessica Turner, Co-founder and CEO of ThriveON, to discuss refugee labour mobility and employment-based pathways for displaced talent.

Learn more

Video

Business Travel to China | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui provides an overview of key visa and compliance considerations for business travelers planning trips to China.

Learn more

Media mentions

Michigan Law’s Law Quadrangle: Christopher Wendt, ’98: At the Intersection of Immigration and Health Care Workers

In this profile published in Michigan Law’s Law Quadrangle, Counsel Christopher Wendt discusses the role of immigration in supporting the US healthcare workforce and expanding access to civil legal aid in Minnesota.

Learn more

Media mentions

WealthBriefing: The End of the Golden Visa?

Director Isobel Neilson discusses how investment migration programs are evolving amid political scrutiny, regulatory reform and shifting priorities, with governments moving toward pathways that emphasise economic contribution, talent and stronger ties to host countries.

Learn more

Fragomen news

Fragomen Welcomes Christopher Wendt as Counsel

Fragomen welcomes Counsel Christopher Wendt in Minnesota, bringing nearly three decades of immigration law experience, including more than 20 years supporting workforce immigration programs for Mayo Clinic.

Learn more

Media mentions

The ABC: Switzerland is Set to Vote on a Population Cap. Here's Why it's Divided the Nation

Senior Counsel Dr. Anna Boucher discusses Switzerland’s rejected population cap referendum and the role of immigration in supporting workforce and economic stability.

Learn more

Awards

Fragomen Featured in Global Mobility Lawyer’s 2026 GML Elite

Fragomen has been featured in the 2026 GML Elite, Global Mobility Lawyer’s inaugural guide to leading global mobility teams, highlighting the firm’s global immigration capabilities, international footprint and work supporting multinational clients.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Die Blaue Karte EU 2026

Partner Marius Tollenaere outlines the key 2026 EU Blue Card changes employers must understand to stay compliant and competitive.

Learn more

Media mentions

STV News: What Can Scots Fans Do if Their US Travel Permits Have Been Revoked?

Partner Charlotte Slocombe explained options available to Scotland fans whose US ESTAs have been denied or revoked ahead of the FIFA World Cup.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
June 18, 2026 | United KingdomProfessional Engineering: How to Access International Engineering Talent in a Changing Immigration System
June 19, 2026 | KuwaitKuwait: Commercial Visit Visa Issuance Temporarily Suspended
June 19, 2026 | 🌐Minimum Salary Changes Announced
June 18, 2026 | ChinaHong Kong Business Magazine: Employers Seek Broader Immigration Reforms
June 18, 2026 | IndonesiaIndonesia: Processing Delays Following Ongoing Anti-Corruption Investigations
June 18, 2026 | United KingdomProfessional Engineering: How to Access International Engineering Talent in a Changing Immigration System
June 19, 2026 | KuwaitKuwait: Commercial Visit Visa Issuance Temporarily Suspended
June 19, 2026 | 🌐Minimum Salary Changes Announced
June 18, 2026 | ChinaHong Kong Business Magazine: Employers Seek Broader Immigration Reforms
June 18, 2026 | IndonesiaIndonesia: Processing Delays Following Ongoing Anti-Corruption Investigations
June 18, 2026 | United KingdomProfessional Engineering: How to Access International Engineering Talent in a Changing Immigration System
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.