USCIS Alert 2026: Court Vacates $100,000 H-1B Deposit Rule — What Green Card Applicants Need to Know

On June 8, 2026, the U.S. District Court for the District of Massachusetts issued a significant ruling in State of California v. Mullin (1:25-cv-13829), vacating the agency guidance that implemented a $100,000 payment requirement for certain H-1B petitions. The court's order effectively blocks enforcement of this controversial fee rule while legal proceedings continue. The Department of Homeland Security strongly disagreed with the ruling and moved quickly to challenge it, filing a motion to stay the order pending appeal with the U.S. Court of Appeals for the First Circuit. This means the $100,000 requirement remains in legal limbo as the appellate court considers whether to reinstate it during the appeal process. For EB-3 applicants — particularly those who are on or transitioning from H-1B status — this ruling has direct implications. Many employment-based green card applicants maintain H-1B status while their I-140 or I-485 petitions are pending, and fee changes or reversals can affect employer sponsorship decisions and timelines. Applicants and employers should monitor the First Circuit's response to DHS's stay motion closely. If the stay is granted, the $100,000 requirement could be reinstated before a final appellate decision is reached. Legal counsel is strongly advised for anyone with pending H-1B petitions affected by this rule. This case underscores the ongoing volatility in immigration fee policy in 2026. EB-3 applicants are encouraged to consult with their immigration attorneys to assess how this evolving situation may impact their specific cases and employer sponsorship arrangements.