The fight over the controversial $100,000 H-1B petition fee took another turn this week, and the bottom line for employers and workers is that the fee is not dead yet.
According to a widely discussed thread in the r/h1b community (as of June 14, 2026), a federal district court in Massachusetts struck down the $100,000 H-1B fee on June 8 and vacated the policy nationwide. The government immediately appealed the decision to the U.S. Court of Appeals for the First Circuit and asked the court to pause the ruling while the appeal proceeds.
On June 12, the district judge declined to issue a full stay pending appeal but granted a temporary administrative stay of the order. In practical terms, that means the court’s decision striking down the fee is itself paused until the First Circuit rules on the government’s request. The fee therefore remains in effect for now, despite some headlines suggesting it had been permanently dropped.
Where this leaves petitioners: the district court has ruled the fee unlawful, the government has appealed, and the June 8 ruling is currently on hold. The administrative stay stays in place until the appellate court weighs in. Employers preparing H-1B filings should budget for the possibility that the fee could still apply while litigation continues, and should watch for the First Circuit’s decision on the stay, which will determine the near-term status.
This is a fast-moving legal situation. Anyone with a pending or upcoming H-1B petition should confirm the current fee requirement with counsel before filing, since the rules could change again on short notice depending on how the appellate court rules.
Need help with your immigration petition? Visit QuickFiling.us for AI-guided NIW and EB-1A petition preparation.
Source: Reddit r/h1b