100000 H-1B Fee Reinstated

Court Temporarily Reinstates $100,000 H-1B Fee While Appeal Proceeds

Maggio Kattar

Just days after a federal court struck down the Trump Administration’s controversial $100,000 H-1B fee, the legal landscape has shifted again.

On June 8, 2026, the U.S. District Court for the District of Massachusetts ruled that the fee was unlawful, finding that it constituted an unauthorized tax that exceeded the Executive Branch’s authority. The court vacated the policy implementing the fee nationwide.

However, on June 12, 2026, the same court temporarily stayed its ruling while the government pursues an appeal. As a result, USCIS is once again permitted to require the $100,000 payment for qualifying H-1B petitions while the appellate court considers whether the fee may remain in effect during the litigation.

What The Reinstatement of the $100,000 H-1B Fee Means for Employers

For now, employers should assume that the $100,000 fee remains in effect for H-1B petitions that are subject to the Presidential Proclamation. USCIS may continue requiring payment unless and until the courts issue a further order.

The stay does not resolve the underlying case. The First Circuit Court of Appeals will now consider whether the district court correctly concluded that the fee exceeds presidential authority and violates federal law.

What to Expect Next

Employers should expect continued uncertainty in the coming weeks. The appellate court could:

  • Leave the stay in place while the appeal proceeds, allowing continued collection of the fee;
  • Lift the stay, which would again suspend enforcement of the fee; or
  • Ultimately affirm or reverse the district court’s decision on the merits.

We will continue to monitor developments closely and provide updates as additional court decisions are issued.