United States | Federal court temporarily pauses ruling against $100,000 H-1B visa fee

After ruling on June 8, 2026, that implementation of the H-1B Proclamation was unlawful and effectively blocking its $100,000 petition fee requirement, a federal district court has temporarily paused the ruling pending an appellate court determination whether the pause should continue during the appellate process.

Key takeaways:

The Trump administration filed motion to stay. On June 12, 2026, the Trump administration asked the United States District Court for the District of Massachusetts to “stay its order pending appeal or at least enter an administrative stay so Defendants can promptly seek emergency relief from the First Circuit.”

District court allows part of alternative request. Although denying the initial request for a motion to stay, on June 12, the court granted in part the alternative request for an administrative stay stating, “The alternative request for an administrative stay is ALLOWED IN PART to this extent: The Court STAYS its Order as reflected in Doc. Nos. 106, 107, pending a decision by the United States Court of Appeals for the First Circuit on the anticipated Motion to Stay pending appeal from the Defendants, provided the Defendants file such a Motion in the Circuit no later than Thursday, June 18, 2026.”

Currently, the H-1B $100,000 petition fee is enforceable. During this interim period prior to an appellate decision on a further stay of the district court’s decision, U.S. Citizenship and Immigration Services can enforce the $100,000 fee.

Additional information: BAL is closely monitoring this litigation and related developments and will continue to provide updates. BAL clients are encouraged to work closely with their BAL teams to determine next steps.

This alert has been provided by the BAL U.S. Practice Group.

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