In one other fast growth surrounding the controversial $100,000 H-1B consular processing price, a federal courtroom has briefly allowed U.S. Citizenship and Immigration Providers (USCIS) to proceed accumulating the price whereas the federal government’s enchantment strikes ahead.
Employers and international staff ought to put together for continued uncertainty because the litigation unfolds.
What Occurred?
On June 8, 2026, a federal district courtroom in Massachusetts struck down USCIS’s implementation of the $100,000 H-1B price, discovering vital authorized points with the coverage. Nonetheless, simply 4 days later, on June 12, 2026, the identical courtroom briefly paused its ruling after the federal government filed an enchantment with the U.S. Courtroom of Appeals for the First Circuit.
In consequence, USCIS presently retains the authority to proceed accumulating the $100,000 price for qualifying H-1B petitions involving consular notification whereas the appellate courtroom critiques the case.
The federal government should formally request a keep from the First Circuit by June 18, 2026, for the momentary reinstatement to stay in impact.
The enchantment is pending in State of California, et al. v. Mullin, et al., No. 26-1699 (1st Cir. June 12, 2026).
Background on the $100,000 H-1B Payment
The price originated from a presidential proclamation issued on September 19, 2025, which imposed a considerable cost requirement on sure H-1B petitions requiring consular processing overseas. The coverage instantly generated vital concern amongst employers, universities, healthcare techniques, and know-how corporations that rely closely on international expertise.
Critics have argued that the price successfully features as a tax that Congress by no means licensed. The Massachusetts district courtroom agreed, concluding that the chief department exceeded its authority and that the coverage violated the Administrative Process Act (APA).
Nonetheless, this authorized battle is much from over.
What Does This Imply for Employers Proper Now?
For the second:
- USCIS might proceed requiring the $100,000 price for H-1B petitions filed for, or solely approvable by way of, consular notification.
- Employers ought to proceed budgeting for the likelihood that the price will apply to imminent filings, until a courtroom orders in any other case.
Organizations with worldwide staff who require visa stamping overseas could also be significantly affected, particularly if journey plans rely upon acquiring an H-1B visa at a U.S. consulate.
What Occurs Subsequent?
The First Circuit Courtroom of Appeals will quickly resolve whether or not to permit USCIS to proceed accumulating the price through the enchantment course of.
Two doable outcomes exist:
If the First Circuit grants a keep:
- USCIS will seemingly proceed accumulating the $100,000 price whereas the enchantment is litigated.
If the First Circuit denies a keep:
- The district courtroom’s June 8 order may take impact once more, briefly stopping USCIS from accumulating the price.
Additional appeals stay doable, together with eventual evaluate by the U.S. Supreme Courtroom, significantly as a result of totally different federal courts have already reached various conclusions relating to the federal government’s authority to impose the price.
Trying Forward
The authorized standing of the $100,000 H-1B price stays extremely fluid. Whereas employers briefly obtained aid when a federal courtroom invalidated the coverage, that aid has now been briefly suspended pending appellate evaluate.
Employers sponsoring H-1B staff ought to carefully monitor developments, evaluate submitting methods, and stay ready for extra adjustments within the coming weeks. Till a closing courtroom choice is issued, uncertainty will proceed to outline this controversial immigration coverage.
The Regulation Places of work of Jacob Sapochnick is monitoring these develops and can present updates once they change into out there.
Contact Us. If you want to schedule a session, please textual content 619-483-4549 or name 619-819-9204.
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