In Immigration News

H-1B $100K Fee: First Circuit Denies Stay, Fee Stays Blocked

On July 24, 2026, the First Circuit declined to keep the $100,000 H-1B fee alive while the government’s appeal continues — for now, USCIS should not be collecting it.

By Tolga Ozek, Esq.  ·  July 27, 2026  ·  5 min read

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In Brief
What happened — The First Circuit Court of Appeals denied the government’s motion to pause a lower-court order that struck down the $100,000 H-1B fee.
Effective — July 24, 2026, and ongoing while the appeal is pending.
What changes — The $100,000 payment requirement remains vacated — USCIS should not be charging it right now.
Who’s affected — Employers and beneficiaries in H-1B cases involving consular notification or beneficiaries currently outside the U.S.
Caution — This is not a final ruling — the underlying appeal is still pending and the posture can change quickly.

We first wrote about the $100,000 H-1B fee in June, when a federal district court vacated it entirely. Employers have been asking us ever since whether that ruling would survive an appeal. As of this week, the answer is: so far, yes — but the fight is not over.

How We Got Here

The $100,000 H-1B payment requirement traces back to a presidential proclamation issued in September 2025. USCIS and the State Department subsequently issued guidance applying the payment to certain H-1B petitions — generally those involving a beneficiary located outside the United States, or petitions triggering consular notification, port-of-entry notification, or pre-flight inspection.

On June 8, 2026, the U.S. District Court for the District of Massachusetts ruled in State of California v. Mullin that the agencies’ implementation of the fee violated the Administrative Procedure Act and exceeded the government’s lawful authority, and vacated it. The district court then briefly paused its own ruling so the government could ask the First Circuit Court of Appeals to keep the fee in place while the case was appealed.

What the First Circuit Decided

On July 24, 2026, the First Circuit denied that request. Importantly, the appeals court did not rule on the merits of the underlying case — it simply declined to let the government continue collecting the fee while the appeal plays out, agreeing that the parties challenging the fee would likely suffer real harm if it stayed in effect during that time. Practically, that means the $100,000 fee requirement remains blocked for now, though the broader appeal is still ongoing and the government may seek further relief.

The appeals court didn’t decide who’s right. It decided the fee shouldn’t be collected while everyone finds out.

Why Agency Guidance May Not Have Caught Up

Court orders and USCIS’s public-facing instructions do not always update on the same day. As of this writing, some USCIS and Pay.gov materials may still reference the $100,000 payment. That does not mean the requirement is back in force — it may simply mean the government hasn’t finished updating its own public guidance to reflect the July 24 order.

Key Dates

Sep 19, 2025Presidential Proclamation 10973 creates the $100,000 H-1B payment requirement.
Jun 8, 2026District of Massachusetts vacates the fee in State of California v. Mullin.
Jul 24, 2026First Circuit denies the government’s motion to stay that ruling pending appeal.
OngoingThe government’s underlying appeal on the merits continues.
Before You File

Do not rely on outdated USCIS or Pay.gov pages that still mention the $100,000 payment. Recheck the current court posture immediately before filing, and talk to counsel first if your petition involves a beneficiary outside the U.S. or consular notification.

What Employers Should Do Now

  • Don’t assume the fee applies — for now, USCIS should not be requiring the $100,000 payment for affected petitions.
  • Confirm before filing — recheck USCIS guidance and the appellate docket immediately before submitting a petition.
  • Watch for further developments — the government may seek additional emergency relief or the case could move quickly on the merits.
  • Loop in counsel early — especially for petitions involving consular notification or beneficiaries currently abroad.
About the author
Tolga Ozek, Esq.

Founding attorney of Ozek Law Firm, LLC, licensed in Maryland, New York, California and the District of Columbia, guiding individuals, families and businesses through immigration and business matters.

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This article is provided by Ozek Law Firm, LLC for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. It reflects the litigation posture in State of California v. Mullin as of the First Circuit’s July 24, 2026 order and is current as of July 27, 2026; this matter is actively litigated and the posture can change without notice. For advice about your specific situation, please consult a licensed attorney.

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