Penn Immigration Guidance Advisory Update: Court Stay REINSTATES $100,000 H-1B Supplemental Fee Pending Appeal
This advisory updates Penn’s June 9, 2026 guidance regarding recent litigation involving the $100,000 supplemental fee imposed on certain H-1B petitions under Presidential Proclamation 10973.
Summary of Recent Developments:
On June 8, 2026, the U.S. District Court for the District of Massachusetts ruled that the $100,000 supplemental H-1B fee was unlawful and vacated the policy nationwide.
However, on June 12, 2026, the same court issued an administrative stay of its ruling while the federal government seeks appellate review before the U.S. Court of Appeals for the First Circuit. As a result, the court’s June 8 decision has been temporarily paused, and the $100,000 fee is effectively back in force pending further judicial action.
The federal government has appealed the June 8 decision and argues that the fee is a lawful exercise of presidential authority related to immigration and foreign commerce. The appeal process is expected to continue in the coming weeks and months.
Current Status
At this time:
- The June 8 ruling invalidating the fee remains under appeal.
- The court’s June 12 administrative stay temporarily reinstates the fee.
- USCIS and the Department of State have not issued significant new guidance regarding the operational impact of the stay.
- Additional legal challenges involving the fee remain pending in other federal courts.
Because litigation is ongoing, the legal and operational landscape may continue to change rapidly.
Guidance for Penn Departments and Hiring Units
Penn departments should continue to exercise caution when planning H-1B sponsorships and should coordinate closely with International Student and Scholar Services (ISSS) regarding case-specific questions.
At this time:
- Departments should not assume that the June 8 ruling permanently eliminated the supplemental fee.
- Hiring and sponsorship decisions should continue to be evaluated based on current legal requirements and agency guidance.
- Departments with pending or anticipated consular-processing H-1B filings should consult ISSS regarding any potential impact on filing strategies or timelines.
- Additional court decisions, agency announcements, or appellate rulings may alter the current situation.
Guidance for H-1B Employees and Prospective H-1B Beneficiaries
Individuals currently in H-1B status or preparing for H-1B sponsorship should be aware that litigation remains ongoing and that the legal status of the supplemental fee has not been definitively resolved.
Employees should:
- Continue following existing immigration guidance provided by ISSS.
- Consult ISSS before making significant travel or immigration-related decisions if they have questions regarding their individual circumstances.
- Understand that additional developments may occur as courts and federal agencies continue to address this matter.
Penn’s Ongoing Monitoring
ISSS is actively monitoring developments in consultation with immigration counsel and peer institutions. We will continue to assess any impact on Penn-sponsored H-1B cases and will provide updates as additional information becomes available.
Questions?
Questions regarding specific H-1B cases should be directed to ISSS.
Contact:
Chiwei Huang-Ma, LL.M., S.J.D.
Associate Director, Faculty and Scholar Services
International Student and Scholar Services (ISSS)
University of Pennsylvania
This advisory is provided for informational purposes only and does not constitute legal advice. Immigration regulations and agency guidance may change, and individuals should consult ISSS regarding specific circumstances.