First Circuit Keeps $100K H-1B Fee Blocked

On July 24, 2026, the U.S. Court of Appeals for the First Circuit denied the Trump administration's request to pause a ruling that struck down the $100,000 H-1B fee. This means the fee stays blocked while the government's appeal moves forward.

What did the First Circuit decide on the $100k H-1B fee?

The First Circuit denied the government's motion for a stay. That means the district court ruling that struck down the $100,000 H-1B fee remains in effect while the appeal continues.

Shortly after the fee went into effect in September 2025, twenty states sued the federal government over its legality. On June 8, 2026, a federal district court in Massachusetts vacated the policies that put the fee into effect. In their decision, the judge ruled that the payment exceeded the president's authority and violated the Administrative Procedure Act.

The government appealed to the First Circuit Court of Appeals and asked the court to stay the district court's decision. A stay would have paused the effect of that decision while the appeal remained pending. The request has now been denied.

Is the $100,000 H-1B fee still in effect?

As of July 24, 2026, the $100,000 H-1B fee is not in effect. Because the First Circuit has now refused to pause the federal court's June decision, employers do not have to pay this additional cost when sponsoring certain H-1B workers. However, the fee could return if the government wins its appeal.

Why did the court deny the stay on the $100k H-1B fee?

The court denied the stay because the government failed to show it was likely to succeed on appeal, one of the key factors it had to prove.

The panel pointed to a legal doctrine that requires Congress to speak clearly before the executive branch can impose a financial burden like this one. Neither of the two immigration statutes the government cited mentions payments or fees. Congress has also used explicit language whenever it authorized fees elsewhere in immigration law, the court noted, which cuts against reading a $100,000 payment into vague terms like restriction.

The government also tried to argue the $100,000 requirement was not "final agency action," and therefore could not be challenged at all. Officials said this undercut their claim, as they would be hurt if the fee stayed blocked because more workers could enter the country. But that harm only makes sense if the fee itself is an action the courts can review.

What does this mean for employers?

Manifest immigration attorney Ana Gabriela Urizar says that for now, the $100,000 payment requirement remains vacated and unenforceable while the appeal continues.

“Employers filing H-1B petitions for workers abroad should not need to include the payment for now, but we recommend checking in with your immigration counsel for next steps,” she says. “The underlying appeal on the merits is still pending before the First Circuit, and the case could ultimately reach the Supreme Court.”

What happens next?

The First Circuit will next consider the government's appeal of the district court's June 8 decision. There is no set date yet for that ruling.

In the meantime, employers should watch for further guidance from USCIS and the State Department, since either agency could issue new instructions if the legal landscape shifts again.