H-1B Fee Reinstated Pending Appeal: MA Court Stays Its Own Ruling

This alert is an update to our June 9, 2026, client alert, Federal Court Declares $100,000 H-1B Fee Unlawful.

As anticipated in our previous alert, the legal landscape surrounding the $100,000 H-1B fee has shifted again, and quickly.

On June 12, 2026, Judge Leo Sorokin of the U.S. District Court for the District of Massachusetts issued an administrative stay of his own June 8 ruling, effectively reinstating the $100,000 fee while the Trump Administration seeks emergency relief from the U.S. Court of Appeals for the First Circuit.

What Happened on Friday, June 12?

The Administration moved swiftly to file an appeal of the June 8 decision that vacated the fee, along with a motion to stay the order pending the First Circuit’s review. The court granted that request, issuing both an administrative stay and acknowledging the government’s motion to stay.

In its motion, the Department of Justice (DOJ) argued that the government is likely to succeed on appeal, contending that the $100,000 fee is a legitimate exercise of the President’s foreign commerce and immigration powers, not an unauthorized tax. The DOJ also raised national security arguments, asserting that without a stay, the ruling would trigger an influx of new H-1B filings that could undermine the Administration’s ability to manage the program.

What This Means for Employers

As of June 12, 2026, the $100,000 fee is effectively back in force. Employers should continue to proceed with caution and consult immigration counsel before making decisions based on the district court’s ruling.

Parallel challenges to the fee are also pending in the Northern District of California and before the U.S. Court of Appeals for the D.C. Circuit, where plaintiffs have notified judges of the Massachusetts ruling. Decisions in those cases could further shift the landscape in either direction.