BAL Litigation Brief — July 2026: What employers and employees should know

Summary

Immigration litigation is no longer a peripheral compliance issue. Court decisions are increasingly influencing hiring strategies, workforce planning, sponsorship costs and employee mobility in real time. For employers who rely on global talent, staying current on rapidly evolving litigation can be challenging. As litigation activity expands across federal courts and agencies, several trends have emerged in recent months: Work authorization risk is expanding across visa categories Litigation is shaping the cost of sponsorship and workforce planning decision Nationality-based restrictions are increasing compliance complexity BAL’s Litigation Group monitors developments across federal courts and agencies and helps employers assess risk, maintain workforce continuity and respond strategically to legal change. USCIS (U.S. immigration agency) policy challenges A series of recent cases reflects growing judicial scrutiny of U.S. Citizenship and Immigration Services policies affecting employment-based immigration, work authorization and benefit adjudications. Markwayne Mullin — H-1B work visa proclamation legal challenges Where things stand: On June 8, 2026, a federal court struck down implementation of the H 1B proclamation , declaring it “unlawful” and effectively blocking President Trump’s $100,000 petition fee requirement for new H-1B visas. Briefing on that issue was completed on July 2, and on July 24 the First Circuit Court denied the federal government’s request to reinstate the $100,000 H-1B petition requirement while the appeal is ongoing. What it means for employers and employees: USCIS’s $100,000 fee is currently blocked while the appeal is ongoing. Employers who delayed hiring decisions, deferred sponsorship plans or reassessed hiring budgets because of increased filing costs may continue to face uncertainty while appellate proceedings remain pending.