On June 12, 2026, the U.S. District Court for the District of Massachusetts paused its order vacating the policy implementing the presidential proclamation imposing a $100,000 payment requirement before processing certain new H-1B visa petitions. The pause is expected to remain in place until an appeals court can rule on the Trump administration’s anticipated request for a stay of the June 8 decision.
Background
On June 8, 2026, the U.S. District Court for the District of Massachusetts issued a decision vacating the policy implementing the presidential proclamation imposing a $100,000 payment requirement before processing certain new H-1B visa petitions. The court’s ruling in State of California, et al. v. Mullin, et al. held that the payment requirement is an unconstitutional tax imposed without congressional authorization and that the agency actions implementing it violated the Administrative Procedure Act (APA).
The decision reaches the opposite conclusion from the December 2025 ruling in Chamber of Commerce of the United States of America, et al. v. U.S. Department of Homeland Security, et al., in which the U.S. District Court for the District of Columbia upheld the proclamation. In that case, the court rejected challenges alleging that the proclamation exceeded executive authority or violated the APA.
Stay on June 8 Decision
The district court paused its order vacating the proclamation until an appeals court can rule on the anticipated appeal and request for a stay. The court specified, however, that the government must file its request for a stay with the appeals court before June 18, 2026; otherwise, the vacatur would be reinstated.
For now, the proclamation is back in effect and the Trump administration can enforce it. The legal status of the proclamation could change quickly, however, as further decisions are announced in the ongoing litigation. CUPA-HR will monitor these developments and keep members apprised.