This update follows our June 8, 2026 Foster LLP alert Federal Court Blocks $100,000 H‑1B Fee.  

The federal court’s decision vacating the $100,000 H‑1B fee has been followed by new developments, altering the immediate impact of that ruling.  

On June 12, 2026, Judge Leo Sorokin of the U.S. District Court for the District of Massachusetts issued a temporary administrative stay of his June 8 decision, allowing the $100,000 fee to remain in effect while the government pursues appellate review. The stay was granted after the Department of Justice filed an appeal arguing the fee is a lawful exercise of presidential authority, also citing national security and program management concerns.  

Notably, the court did not grant a full stay, but instead issued a temporary procedural pause conditioned on the government filing in the First Circuit by June 18, 2026, signaling that the underlying legal questions remain unresolved. For now, employers should treat the fee as still in effect and continue to monitor further developments in conjunction with immigration counsel, as imminent appellate action and parallel challenges in other federal courts may further influence the outcome.  

Foster LLP will also continue to track and provide updates about any developments via Immigration Updates©, articles, and blogs on our website at www.fosterglobal.com.