06/15/2026
⚖️ BREAKING: $100K H-1B Fee Ruled Unlawful — But It's Still Being Collected
On June 8, 2026, a Massachusetts federal court struck down the $100,000 supplemental H-1B fee, ruling it unconstitutional and a violation of the Administrative Procedures Act (APA).
The judge ordered the policy vacated — meaning USCIS could no longer collect the fee nationwide.
But here's where it gets complicated 👇
The White House immediately signaled it would appeal. By June 11, the government filed a notice of appeal to the First Circuit. On June 12, they requested an emergency stay of the ruling.
The court denied the stay on the merits — but granted an administrative stay, allowing the government to KEEP collecting the fee at least until June 18, 2026, while the First Circuit considers the matter.
📌 Where things stand now:
This is actually the SECOND court ruling on this fee. A D.C. federal court previously found the fee LAWFUL in December 2025 — and that case is also on appeal. A third lawsuit in California is still pending.
Translation: This issue is far from settled. Courts are split, appeals are flying, and employers and petitioners are caught in the middle.
We're watching this closely and will keep you updated as the First Circuit weighs in.