NewsFlash! Federal Appeals Court Allows Block on $100,000 H1B Fee to Take Effect
Murthy Law Firm
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On July 24, 2026, the U.S. District Court for the District of Massachusetts vacated the DHS (Dept. of Homeland Security) and DOS (Dept. of State) implementation actions in State of California v. This means that, for now, USCIS (U.S. immigration agency) should not require the $100,000 payment for H-1B work visa petitions that otherwise would have been subject to the proclamation. As of July 27, 2026, USCIS had not yet issued clean, updated public filing instructions reflecting the First Circuit’s July 24 order. Some USCIS and Pay.gov pages concerning the $100,000 H1B payment may still appear online. Employers preparing H1B petitions that previously may have been treated as subject to the $100,000 payment should consult immigration counsel before filing, especially if the petition involves consular notification or a beneficiary outside the United States. Petitioners should recheck USCIS, Pay.gov, and the appellate docket immediately before filing, as the government may seek further relief and agency filing procedures may be updated quickly. For the time being, the $100,000 H1B fee appears to be blocked. This is a significant development for H1B employers and foreign nationals, but it is not the final word. The underlying appeal remains pending, and further court or agency action could alter the filing strategy for affected H1B petitions.
From the source
On July 24, 2026, the U.S. Court of Appeals for the First Circuit denied the Trump Administration’s request to stay a federal district court judgment that vacated agency actions implementing the $100,000 H1B payment requirement. As a result, the district court’s order blocking the $100,000 H1B fee should now take effect while the government’s appeal continues, unless a later court order changes the posture. Background on the $100,000 H1B Fee The $100,000 payment requirement was created by Presidential Proclamation 10973, issued September 19, 2025. USCIS and the U.S. Department of State then issued implementation guidance requiring the payment for certain H1B petitions, generally those involving beneficiaries outside the United States or certain requests for consular notification, port-of-entry notification, or pre-flight inspection. On June 8, 2026, the U.S. District Court for the District of Massachusetts vacated the DHS and DOS implementation actions in State of California v. Mullin.
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