H-1B $100,000 fee applies again while courts fight it out

If you read our June 12 update and thought the $100,000 H-1B fee was gone, the picture flipped again. A Boston federal judge vacated the charge on 8 June 2026, then issued a limited stay on 12 June so the government could keep collecting it while the appeal moves. As of 26 June, plan on paying if your case needs consular processing.

I would not rely on a law-firm blog for the live rule. Check USCIS H-1B guidance, which still lists the September 2025 proclamation fee for qualifying new petitions, and watch the First Circuit after the government filed its stay motion by the 18 June deadline.

Timeline (what changed since June 8)

• 8 June 2026: Judge Leo Sorokin in State of California v. Mullin (D. Mass. No. 1:25-cv-13829) granted summary judgment to 20 states, ruled the policy works as an unauthorized tax, and vacated USCIS implementation nationwide. The published order runs 42 pages.
• 11 June: The government filed a notice of appeal to the U.S. Court of Appeals for the First Circuit.
• 12 June: Judge Sorokin denied a full stay on the merits but granted a short administrative stay. That pauses his vacatur until the First Circuit rules on the government's stay request. Bloomberg Law reported the procedural split the same week.
• By 18 June: The administration filed its stay motion with the First Circuit (appeal No. 26-01699 in public docket summaries). That filing keeps the district court pause alive while appellate judges review the fee.
• 26 June: No public First Circuit order reversing the collection pause has landed yet. USCIS can still require payment on covered petitions unless a new court order says otherwise.

Who still owes the $100,000

Per USCIS and the H-1B specialty occupation page, the fee targets many new H-1B petitions filed on or after 21 September 2025 when the worker needs consular notification or is outside the U.S. without a valid H-1B visa.

Roughly:

• Consular processing abroad: usually in scope.
• Change of status inside the U.S. (common F-1 to H-1B path): generally outside the fee in USCIS FAQs, but confirm your exact filing type with counsel.
• Renewals and extensions on an existing H-1B: not the same one-time new-petition charge.

Payment goes through pay.gov with proof attached to Form I-129. USCIS says missing proof on a covered case can mean denial.

Why this feels chaotic

• A D.C. federal court upheld the fee in December 2025, while Massachusetts struck it down in June. Employers are juggling conflicting orders until appeals courts or the Supreme Court pick a winner.
• Other lawsuits are still live in California and elsewhere. A ruling in one circuit does not automatically kill the fee everywhere forever.
• USCIS has not published a bright-line memo saying "ignore the fee because of Boston." Operational guidance still points to the proclamation while the stay is active.

Official policy: USCIS H-1B specialty occupations and proclamation alert. Court ruling: State of California v. Mullin (June 8, 2026). Stay reporting: Bloomberg Law (June 12, 2026).

News summary only, not legal advice. H-1B fee rules can change with little notice while appeals run.