Today, the U.S. Court of Appeals for the First Circuit has denied the Trump Administration’s appeal from the U.S. District Court for the District of Massachusetts’ judgement of June 8, 2026.
Now the Judge Leo Sorokin judgement which vacated the H-1B fee policy last month stands as final resolution of the case unless the Court of Appeals weighs in. The judge had found that the President’s H-1B Proclamation unlawfully wielded tax authority exclusively held by Congress. Judge had later agreed to pause his order from taking effect until the appeals court weighed in on an emergency stay request.
U.S. District Court in Massachusetts had found the President Trump’s H-1B Proclamation imposing $100,000 as unlawful and vacated it entirely. But later the judge had 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 had 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.
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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