Stay granted in federal court case vacating $100,000 H-1B payment

Court vacates H-1B payment rule, but administrative stay allows USCIS to continue requiring payment pending appeal.

On 8 June 2026, US District Court Judge Leo Sorokin issued a decision vacating the requirement that employers submit a $100,000 payment when filing a new H-1B petition. The court ruled that the policy, introduced through a presidential proclamation in September 2025, effectively imposed an unlawful tax without proper congressional authority.

On 12 June, the government requested a temporary stay that would permit US Citizenship and Immigration Services (USCIS) to continue requiring the payment during the appeals process. Judge Sorokin granted an administrative stay that same day.

As a result, USCIS may lawfully require the $100,000 payment. Whether the administrative stay will remain in effect is contingent upon the government filing a motion to stay pending appeal with the First Circuit Court of Appeals by 18 June 2026.

Summary

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