A federal district court in Massachusetts on June 12, 2026 temporarily stayed its June 8, 2026 decision that vacated USCIS’s policy implementing the $100,000 H-1B fee established under President Trump’s September 19 presidential proclamation. The temporary stay means 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.
What changed
On June 8, 2026, a Massachusetts district court invalidated USCIS’s implementation of the $100,000 H-1B fee. This decision immediately halted fee collection nationwide. Four days later, 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, and 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 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. The legal dispute over the fee remains unresolved; the June 12 stay order is temporary and contingent on First Circuit action.
Why it matters
For the next few days, the fee is back. USCIS is now permitted to require the $100,000 fee for approval of H-1B petitions that are filed for or are only approvable for consular notification. This directly affects employers with beneficiaries seeking consular processing—i.e., individuals outside the United States or required to complete visa issuance abroad.
The status of the fee could change quickly as litigation actions proceed. The First Circuit may uphold the stay, reverse it, or impose new conditions. Meanwhile, the underlying legal issues remain contested: the June 8 district court took the position that the fee amounts to a tax for which a presidential proclamation and agency implementation was not a proper exercise of power, and declared the policy to be in excess of statutory authority, procedurally deficient, and arbitrary. A separate federal court has upheld the fee, creating circuit split risk.
For employers with pending or planned consular notification H-1B filings, the fee reinstatement compresses the window to decide: file now under the old fee structure (if eligible to argue the June 8 vacatur still controls, though USCIS is collecting the $100,000), or wait for First Circuit clarity.
Way forward
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Consult immigration counsel immediately on your specific petition timeline and whether the June 12 stay affects your filing posture. Petitions filed after the stay may be subject to the $100,000 fee; the applicability to filings between June 8–12 remains uncertain.
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Document all fee payments from the June 8 vacatur window. The court has not ruled on refunds for fees collected during the brief window when collection was prohibited. Maintain records for potential future claims.
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Monitor First Circuit filings for the government’s stay request, due June 18. The appellate court’s ruling will determine whether the fee remains in effect for the duration of the appeal or whether the vacatur is reinstated.
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Assess consular processing alternatives with counsel. If the fee affects your hiring timeline or beneficiary travel plans, explore whether domestic processing options (when legally available) present a cost-effective path.
Disclaimer
Fola is a software company, not a law firm, and nothing here is legal advice. This summary reflects the state of the court order as of the publication date. Immigration policy and litigation outcomes can change without notice, sometimes quickly. Federal court decisions may be reversed, stayed, or narrowed on appeal. You must verify all information against the primary source linked above and consult a licensed immigration attorney before making filing decisions.