The federal government has appealed two major immigration rulings from New England courts — one that struck down USCIS processing holds for nationals of 39 countries, and another that invalidated the $100,000 H-1B visa fee — sending both cases to the U.S. Court of Appeals for the First Circuit.
Both notices of appeal were filed on June 11.
The first appeal targets a June 5 ruling by Chief U.S. District Judge John J. McConnell Jr. in Rhode Island, who struck down four USCIS policies that had delayed, suspended, or subjected immigration applications to extraordinary review based on nationality and country of origin. The court found that USCIS exceeded its statutory authority and violated the Administrative Procedure Act. Importantly, the ruling did not strike down the travel ban itself — only the USCIS mechanisms used to implement it domestically.
Following the decision, the government filed a motion asking the court to clarify its instructions. Judge McConnell issued an order on June 11, after which the Department of Justice appealed to the First Circuit.
The second appeal challenges U.S. District Judge Leo T. Sorokin’s June 8 decision vacating the administration’s $100,000 surcharge on H-1B visa petitions. Sorokin ruled that the fee amounted to an unauthorized tax imposed without congressional approval, writing that “there are no statutory powers authorizing the implementation of a $100,000 tax on H-1B petitions.” This ruling directly conflicts with a December 2025 decision by a U.S. District Judge in Washington, D.C., who found the fee lawful, setting up a likely circuit split that could ultimately reach the Supreme Court.
The Department of Homeland Security called Sorokin’s decision ‘blatant judicial activism’ and said the changes to the H-1B program ‘are intended to address concerns about program integrity and the impact on the U.S. workforce, according to the media.
For EB-5 investors and H-1B holders, the First Circuit’s decisions will directly determine whether USCIS must resume processing frozen applications and whether employers can once again sponsor H-1B workers without the $100,000 surcharge — outcomes with significant implications for long-term residency planning.
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