The U.S. Court of Appeals for the First Circuit has declined to pause a lower court ruling that vacated the $100,000 H-1B fee. The First Circuit found that the Trump Administration failed to show it was likely to succeed on appeal in defending its authority to impose the fee.
On June 8, 2026, the U.S. District Court for the District of Massachusetts vacated U.S. Citizenship and Immigration Services’ (USCIS) policy on imposing a $100,000 H-1B fee on certain petitions. However, on June 12, 2026, the District Court temporarily stayed its June 8th ruling vacating the policy implementing the $100,000 H-1B fee pending the government’s appeal.
The First Circuit ruled that the Trump Administration failed to demonstrate it was likely to succeed in showing it had not exceeded its authority by imposing the fee. As a result, the District Court’s order vacating the policy remains in effect while the appeal proceeds, preventing USCIS from enforcing the $100,000 fee unless further relief is granted by a higher court.
The First Circuit’s decision allows the District Court’s order invalidating the $100,000 fee to remain in effect during appeal, prohibiting USCIS from enforcing the fee on H-1B petitions until a final decision is made. Employers with H-1B petitions that may have been subject to the fee should consult their Vialto point of contact to discuss the potential impact of this decision on their cases.
Vialto will continue to monitor this situation and provide further updates as they become available.
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Sam Faisal
Manager, Attorney
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