$100,000 H-1B Visa Fee Temporarily Reinstated

June 14, 2026, Update – Court Partially Stays Order Pending Appeal

Following the June 8, 2026 decision by the U.S. District Court for the District of Massachusetts vacating the $100,000 H‑1B fee, the federal government has since filed a notice of appeal and moved to stay the district court’s ruling.

On June 12, 2026, the court issued an electronic order addressing the government’s motion to stay pending appeal. In that order, Judge Leo T. Sorokin denied the government’s request for a stay pending appeal, relying on the reasoning set forth in the court’s June 8 Memorandum and Order.

However, the court granted in part the government’s alternative request for an administrative stay. Specifically, the court ordered that:

• The June 8, 2026 order vacating the $100,000 H‑1B fee is temporarily stayed;
• The administrative stay will remain in effect pending a decision by the U.S. Court of Appeals for the First Circuit on an anticipated motion to stay; and
• The stay is conditioned on the government filing a motion in the First Circuit no later than June 18, 2026.

The court’s June 12 order reflects a limited, procedural pause of its earlier ruling while appellate review is sought rather than a full stay of the decision.

Practical Implications

At this stage, the legal status of the $100,000 H‑1B fee remains uncertain.

• Although the district court declined to grant a full stay, the temporary administrative stay currently pauses the practical effect of the June 8 ruling;
• The enforceability of the fee will likely depend on the First Circuit’s disposition of the anticipated stay motion; and
• Additional developments may occur on an expedited basis given the procedural posture of the case.

Employers should continue to monitor developments closely and consult with counsel regarding any H‑1B filings potentially affected by the fee.

Clark Hill will continue to monitor developments in this case and provide updates as they become available. Please contact a member of Clark Hill’s Immigration Law practice with any questions and subscribe to our newsletter to receive future Immigration Law alerts directly to your inbox.