What's Happening
Since our June 8 Alert, the litigation surrounding the $100,000 H-1B fee has evolved quickly.
On June 12, 2026, the U.S. District Court for the District of Massachusetts temporarily paused its June 8 order vacating the $100,000 H-1B fee requirement. The pause is temporary and will only last through June 18, 2026 while the government seeks appellate review before the U.S. Court of Appeals for the First Circuit. As a result, the June 8 vacatur is currently paused and the fee requirement remains in effect until at least June 18, 2026.
What You Need to Know
The pause creates additional uncertainty regarding the future of the $100,000 H-1B fee.
First, the fee currently remains in effect, but only temporarily. Through at least June 18, 2026, USCIS may continue requiring the $100,000 fee for H-1B petitions filed for or only approvable for consular notification.
Second, additional litigation is expected in the coming days. The government has until June 18, 2026 to seek further relief from the First Circuit Court of Appeals. If they do not, the June 8 vacatur of the $100,000 fee could again become effective. Conversely, if a stay pending appeal is granted, the fee requirement may remain in place while the appeal proceeds.
Third, USCIS has not yet issued guidance regarding petitions filed during the brief period when the fee requirement was vacated. In court filings submitted in support of its stay request, the government indicated that, should it ultimately prevail on appeal, USCIS may need to issue Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), or take other follow-up action with respect to certain petitions filed or approved without payment of the fee.
What this Means
Practically speaking, employers should continue to assume that the legal status of the $100,000 H-1B fee remains unsettled. The litigation is moving quickly, and implementation may change with little or no notice.
Employers with pending or anticipated H-1B filings should continue coordinating closely with immigration counsel regarding filing strategies and contingency planning as the litigation proceeds.
What to Expect Next
Further Appellate Litigation
The First Circuit Court of Appeals is expected to consider the government's request for a stay pending appeal in the coming days or weeks. Its decision will likely determine whether the fee remains in effect while the legality of the fee makes its way through the courts.
Updated Guidance From USCIS
Based on court filings, petitions filed while the fee was vacated could be subject to RFEs requesting payment before adjudication if the government ultimately prevails on appeal. USCIS has not yet formally announced how it intends to treat petitions filed during the brief period when the fee requirement was vacated. Additional agency guidance may be issued in the coming days.
Rapidly Changing Landscape
As we noted in our original alert, the legal status of the $100,000 H-1B fee may change quickly through litigation, agency guidance, or additional executive action. Employers should refrain from making major hiring or workforce decisions based solely on the assumption that the current status quo will remain in place.
Stay Tuned: This Is a Breaking Alert
Please note that this update reflects the status of the litigation as of June 15, 2026. Information and guidance may change quickly as appellate proceedings continue and USCIS responds to evolving court orders. We will monitor developments closely and update our recommendations as new information becomes available.
This alert is for general informational purposes only and does not constitute legal advice. Please consult D&S immigration counsel regarding your specific circumstances. D&S Senior Associate, Paulina Baginska, assisted with the preparation of this alert.