On June 8, 2026, the federal district court in Massachusetts in State of California et al. v Markwayne Mullin, vacated the U.S. Citizenship and Immigration Services (USCIS) policy implementing the $100,000 H-1B Fee established under the Presidential Proclamation of September 19, 2025, “Restriction on Entry of Certain Nonimmigrant Workers.” The court vacated the $100,000 fee policy in its entirety, concluding that the fee effectively constitutes a tax, for which a presidential proclamation and agency implementation are not a proper exercise of authority. The court further held that the policy exceeded statutory authority, was procedurally deficient, and was arbitrary and capricious, rendering it unlawful under the Administrative Procedure Act (APA).
However, on June 11, the Government filed a notice of appeal of the decision to the First Circuit Court of Appeals (USCA 26-1699), pending a decision by the United States Court of Appeals for the First Circuit on the anticipated Motion to Stay pending appeal from the Government, provided the Government file such a Motion in the Circuit no later than Thursday, June 18, 2026. On June 12, the Government sought a stay of the District Court’s decision while requesting emergency relief from the First Circuit Court of Appeals, arguing that it was likely to succeed on the merits of the case and would suffer irreparable harm if the fee were enjoined. In the alternative, the Government sought an administrative stay.
On June 12, the Court ruled on the stay, denying the motion to stay based on the merits, but granting an administrative stay, “pending a decision by the United States Court of Appeals for the First Circuit on the anticipated Motion to Stay pending appeal from the Government, provided the Government file such a Motion in the Circuit no later than Thursday, June 18, 2026.”
On June 18, the Government filed a formal motion with the U.S. Court of Appeals for the First Circuit seeking to pause the District Court’s ruling that had declared the $100,000 H-1B fee unlawful. This filing keeps the fee temporarily enforceable and in effect while the appellate court considers the request.
The Proclamation applies to all H-1B petitions filed after September 20, 2025, if the petition is filed for—or only approvable for—consular notification. Employers are required to pay $100,000 via ACH transfer at a designated pay.gov website in order for USCIS to approve the petition. See Gunster’s Immigration Practice Alert: USCIS Guidance on the H-1B Fee Imposed by Presidential Proclamation Restricting H-1B Entry | Florida's Law Firm for Business
Developments continue to evolve, and Gunster’s Immigration Law Group is closely monitoring agency guidance and implementation.
Should you wish to receive timely updates and further information concerning these and other Immigration matters, please contact Gunster’s Immigration Law Practice.
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