ARTICLE
24 June 2026

Court Stays Order Vacating $100k H-1B Fee

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Herbert Smith Freehills Kramer LLP

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A U.S. District Court in Massachusetts has temporarily stayed its own ruling that vacated the $100,000 H-1B fee, allowing USCIS to continue requiring payment while the government pursues an appeal. The stay remains contingent on the government filing a formal request with the First Circuit Court of Appeals by June 18, 2026, with further litigation anticipated.
United States Immigration

On June 12, 2026, a U.S. District Court in Massachusetts temporarily stayed its own June 8, 2026 ruling that vacated the $100,000 H-1B fee. The stay will remain in effect only if the government files a formal stay request with the First Circuit Court of Appeals by June 18, 2026, which they are expected to do. While the stay is in effect, USCIS may continue to require payment of the  $100,000 fee for H-1B petitions filed for, or only approvable for, consular notification. Further litigation is anticipated, and we will continue to provide updates as they become available.

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