What's Happening

Since our June 8 Alert and June 15 Update, the litigation surrounding the $100,000 H-1B fee has continued to quickly evolve.

As we previously discussed, the U.S. District Court for the District of Massachusetts temporarily stayed its June 8 order vacating the fee requirement and gave the government until June 18, 2026 to seek further relief from the U.S. Court of Appeals for the First Circuit.

On June 18, 2026, the government timely filed an emergency request asking the First Circuit Court of Appeals to pause the lower court’s ruling while the appeal moves forward. As a result, the temporary pause stays in place while the appeals court reviews the request, meaning that the $100,000 H-1B fee remains in effect for now while the First Circuit considers whether the pause should be extended while the appeals process plays out.