U.S. District Court in Massachusetts had found the President Trump’s H-1B Proclamation imposing $100,000 as unlawful and vacated it entirely. However, the judge has paused the effectiveness of his order until the Court of Appeals weighs in, therefore, the additional H-1B tax fee is not fully phased out as of yet.
The government has filed an appeal to the U.S. Court of Appeals for the First Circuit on June 11th, 2026 and made a motion on June 12th seeking a stay of the District Court’s order pending appeal to the U.S. Court of Appeals for the First Circuit.
It is likely the Court of Appeals may hand down its interlocutory order in next couple of weeks as the government was ordered by the District Judge to file its Motion with the Court of Appeals by June 18th, 2026.
Earlier the Judge Leo T. Sorokin had ordered that the President’s H-1B Proclamation violates Administrative Procedure Act (“APA”) and the U.S. Constitution. The court found that the policy is arbitrary and capricious and allows Plaintiffs’ motion for summary judgment.
Note: This is a blog post by Adhikari Law PLLC and should NOT be construed as a legal advice. Changes in immigration policies and procedures are complex and may require a consultation with an experienced immigration lawyer.
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