Trump Administration Appeals Ruling Against the $100,000 H-1B Fee as Court Pauses Its Order

The federal court that vacated the $100,000 H-1B fee last week on June 8 has now temporarily paused its own ruling after the Trump administration appealed. For now, the H-1B fee is back in effect.

The Trump administration appealed on June 11, just three days after the court decided that the $100,000 fee was unlawful. The government defended the fee as a lawful exercise of the President’s authority over immigration and entry rather than the unauthorized tax the federal court found it to be.

On June 12, the court temporarily paused its decision from taking effect while the appellate court considers the government's appeal. The government has until June 18 to formally request that the lower court’s decision remain on hold while the appeal proceeds. If the government misses that deadline, the June 8 order striking down the $100,000 H-1B fee is reinstated while the higher court reviews the appeal.

Unfortunately, the $100,000 fee requirement applies again to affected new H-1B petitions while the decision is on hold. The situation may shift quickly around the June 18 deadline and the higher court’s response to the government’s formal request. Employers planning to file H-1B petitions in this window should coordinate timing with counsel, and those who already paid the fee should continue to retain their records.

This alert reflects the current state of the law and is not a final resolution. We will continue to monitor the appeal and share updates as they develop.

This alert is for informational purposes only. Please contact us if you would like to discuss these developments further.