On June 12, 2026, a U.S. district court partially stayed its decision on June 8, 2026, that vacated a Department of Homeland Security (DHS) policy implementing Presidential Proclamation 10973 by imposing a $100,000 fee on certain new H-1B petitions. The court allowed an alternative request for an administrative stay pending a decision by the U.S. Court of Appeals for the First Circuit on an anticipated motion to stay pending appeal from the defendants, provided the defendants file such a motion by Thursday, June 18, 2026.
In the June 8 decision, the court said that the $100,000 fee constituted an unauthorized supplemental tax. The court ruled in favor of the plaintiffs (20 state attorneys general), finding the Proclamation and the policy implementing it to be arbitrary and capricious, unconstitutional, and contrary to law.
