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.

If you have any questions or require additional information regarding this client alert, please do not hesitate to contact the HSF Kramer Immigration Group.


Key contacts

Mark D. Koestler photo

Mark D. Koestler

Partner, Head of Business Immigration, US, New York

Matthew S. Dunn photo

Matthew S. Dunn

Partner, Head of Business Immigration, US, New York

Melissa B. Drennan photo

Melissa B. Drennan

Senior Associate, New York

Robert M. Jones photo

Robert M. Jones

Senior Associate, New York

Tatiana Kashuta photo

Tatiana Kashuta

Senior Associate, New York

Ella Leviyeva photo

Ella Leviyeva

Senior Associate, New York

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Washington, DC New York Silicon Valley Americas Immigration and mobility Government and public sector Mark D. Koestler Matthew S. Dunn Scott A. Gorski Allison D. Gray Melissa B. Drennan Robert M. Jones Tatiana Kashuta Ella Leviyeva Tao Li Hiroaki Nishikawara Marissa Prianti Derek Sewall Michelle S. Velasco Logan A. Zavala Michael J. Zimmerman William H. Fox