The legal battle over the Trump administration’s $100,000 H-1B fee took another sharp turn this month, leaving the controversial charge temporarily back in effect while an appeal proceeds. Here is where things stand as of mid-June 2026.
The ruling that struck it down. On June 8, 2026, the U.S. District Court for the District of Massachusetts granted summary judgment against the government and vacated the policy implementing the fee in its entirety. Judge Leo T. Sorokin found that the $100,000 charge functioned as a tax rather than an immigration restriction, and that the President lacked the authority to impose it. The court also held that the agency’s rollout violated the Administrative Procedure Act by failing to follow required procedures.
The government’s appeal. On June 11, 2026, the administration filed a notice of appeal. The next day, June 12, the court denied the government’s request for a full stay pending appeal but granted, in part, an administrative stay. That order temporarily paused the June 8 decision and kept the $100,000 fee in effect pending a ruling from the U.S. Court of Appeals for the First Circuit, on the condition that the government file its motion in the First Circuit no later than June 18, 2026.
What it means for H-1B applicants. Because of the administrative stay, the fee is currently enforceable again, but its long-term fate is genuinely uncertain and now rests with the First Circuit. Employers and beneficiaries with upcoming consular processing or visa appointments should expect continued volatility and confirm fee requirements immediately before filing or traveling, as the legal status could shift again on short notice once the appeals court rules on the anticipated stay motion.
This remains one of the most consequential and fast-moving H-1B policy stories of the year, with direct cost implications running into six figures for affected petitions.
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Source: Reddit r/h1b