Judge Leo Sorokin (U.S. District Court for the District of Massachusetts) has partially paused his decision vacating the $100,000 H-1B visa fee while awaiting a decision on the government’s motion for stay pending appeal.
- The Department of Homeland Security has indicated its intent to appeal to appeal Judge Sorokin’s decision.
- In the meantime, the Department moved to stay the U.S. District Court’s decision pending the planned appeal.
- Judge Sorokin partially paused the effect of his decision until the First Circuit rules on the motion, which was filed on June 18, 2026.
While the U.S. District Court’s decision is paused, the $100,000 H-1B visa fee continues to apply. As the litigation proceeds, clients should remain in communication with their attorneys regarding the potential impact of the fee on their H-1B employees. Lee & Novi will continue to monitor developments and provide updates as they become available.
Resources:
- DHS Says Trump H-1B Fee Isn’t a Tax, Should Continue on Appeal
- Judge Agrees to Partly Pause Order Tossing $100,000 H-1B Fee
This update is provided for general informational purposes only and does not constitute legal advice.
If you require specific advice and consultation, please call us at 508-790-1181.