A June 18 “Beltway Buzz” briefing from law firm Ogletree Deakins confirmed that the District Court for Massachusetts has granted the Trump administration a temporary administrative stay that allows USCIS to continue collecting the controversial US$100,000 supplemental fee on new H-1B petitions—pending a fuller ruling by the First Circuit Court of Appeals. The fee, imposed by a September 2025 presidential proclamation, was vacated on June 8 when the same district court found the implementation policy unlawful under the Administrative Procedure Act. The government immediately appealed and sought a stay; the court granted a narrow pause provided the administration files its motion with the appellate court no later than June 18.
![Federal judge’s pause puts contested US$100,000 H-1B fee back in play—at least for now]()
Employers and HR teams looking for real-time updates on filing requirements—and tools to streamline complex visa applications—can turn to VisaHQ for assistance. VisaHQ’s online portal (https://www.visahq.com/united-states/) centralizes the latest governmental directives, fee calculators, and document checklists, helping organizations and foreign talent stay compliant even as policies oscillate in court.
For employers in the middle of FY 2027 cap-exempt filings or out-of-cycle transfers, the whipsaw effect is significant. Petitions mailed after June 12 once again require the six-figure cheque—on top of standard filing costs—unless USCIS issues new guidance. Companies should build contingencies into relocation budgets and consider deferring non-urgent assignments until fee clarity emerges. Immigration counsel advise submitting duplicate packets—one with payment, one without—so USCIS can accept the appropriate version depending on the appellate outcome. Smaller tech firms and universities, which often rely on H-1B talent but operate on tighter margins, say the uncertainty is already chilling hiring decisions. Whatever the appellate court decides could set precedent for the executive branch’s ability to levy large immigration surcharges without congressional approval, making this a bellwether case for future mobility costs.
Employers and HR teams looking for real-time updates on filing requirements—and tools to streamline complex visa applications—can turn to VisaHQ for assistance. VisaHQ’s online portal (https://www.visahq.com/united-states/) centralizes the latest governmental directives, fee calculators, and document checklists, helping organizations and foreign talent stay compliant even as policies oscillate in court.
For employers in the middle of FY 2027 cap-exempt filings or out-of-cycle transfers, the whipsaw effect is significant. Petitions mailed after June 12 once again require the six-figure cheque—on top of standard filing costs—unless USCIS issues new guidance. Companies should build contingencies into relocation budgets and consider deferring non-urgent assignments until fee clarity emerges. Immigration counsel advise submitting duplicate packets—one with payment, one without—so USCIS can accept the appropriate version depending on the appellate outcome. Smaller tech firms and universities, which often rely on H-1B talent but operate on tighter margins, say the uncertainty is already chilling hiring decisions. Whatever the appellate court decides could set precedent for the executive branch’s ability to levy large immigration surcharges without congressional approval, making this a bellwether case for future mobility costs.
