USCIS H-1B $100K Fee Still Active June 2026: Court Grants Temporary Stay

A federal district court in Massachusetts vacated the $100,000 H-1B petition fee on June 8, 2026, ruling the policy unlawful nationwide. The decision was seen as a significant win for employers sponsoring H-1B workers, including those who may later transition to EB-3 employment-based green cards. The U.S. government responded quickly, filing an appeal to the First Circuit Court of Appeals and simultaneously requesting a stay of the lower court's order. On June 12, Judge Sorokin denied a full stay pending appeal but issued a temporary administrative stay to preserve the status quo while the appellate court reviews the emergency motion. As of June 14, 2026, the $100,000 fee requirement technically remains in effect due to the temporary administrative stay. Petitioners and employers should not assume the fee has been eliminated, as the First Circuit's decision could reinstate it fully or modify the lower court's ruling. For EB-3 applicants, this development is relevant because many employment-based green card seekers are sponsored by the same employers who file H-1B petitions. If the $100K fee is ultimately struck down permanently, it would reduce the overall cost burden on sponsoring employers, potentially making them more willing to pursue both H-1B and EB-3 sponsorships. Immigration attorneys are advising clients to monitor the First Circuit's ruling closely. Until a final appellate decision is issued, legal uncertainty around the fee remains, and employers should consult counsel before submitting new H-1B petitions.