Appeals Court Leaves $100,000 H-1B Visa Fee Blocked for Now
A First Circuit order keeps the $100,000 H-1B payment requirement blocked while the administration appeals a Massachusetts ruling that vacated it.
The U.S. Court of Appeals for the First Circuit has kept the Trump administration’s $100,000 payment requirement for certain H-1B visa petitions blocked while the government appeals a Massachusetts federal court ruling.
In an order entered July 24, 2026, in State of California v. Mullin, the appeals court denied the administration’s request to stay the June 8 judgment. The payment requirement therefore remains blocked during the current appeal, although the broader legal dispute is unresolved.
What the First Circuit decided
The First Circuit did not issue a final merits ruling resolving every question about H-1B fees. It considered whether the Massachusetts judgment should be paused while the appeal proceeds.
The court said the government had not made the “strong showing” required to obtain a stay. In particular, the judges said the administration had not shown a strong likelihood of succeeding on its argument that federal immigration statutes authorized the additional payment.
The appellate order reviewed the Massachusetts court’s conclusion that the policy violated the Administrative Procedure Act and was otherwise beyond executive authority. The lower court vacated the implementation policy in its entirety.
The First Circuit also discussed the payment’s character. The Massachusetts court viewed the $100,000 requirement as resembling a tax or other major financial burden rather than an ordinary administrative charge. The appeals court said the government had not adequately explained why Congress clearly delegated authority to impose that kind of payment through the immigration provisions cited by the administration.
Which H-1B petitions were affected
The challenged policy primarily concerned new H-1B petitions involving workers who were outside the United States and seeking entry. It directed federal agencies to restrict or limit action on covered petitions that were not accompanied by the $100,000 payment, while allowing possible exceptions.
That does not mean every H-1B worker or every H-1B petition was subject to the disputed payment. Existing H-1B holders and many cases involving a change of status inside the United States were not the central focus of the policy described in the court record.
H-1B visas cover temporary specialty-occupation workers, including employees in technology, health care, education, research and other fields that generally require specialized knowledge and at least a bachelor’s degree.
What employers should know now
For now, employers sponsoring qualifying workers outside the United States should not treat the $100,000 payment requirement as enforceable under the Massachusetts judgment and First Circuit order. Employers should still confirm current filing instructions with U.S. Citizenship and Immigration Services or qualified immigration counsel before submitting a petition.
The disputed payment is separate from ordinary H-1B filing and processing fees established by federal law. Those existing fees remain a different part of the immigration process and should not be confused with the $100,000 requirement challenged in this case.
The ruling may reduce immediate cost uncertainty for employers, universities, health systems, research institutions and technology companies that had been evaluating whether to sponsor workers affected by the policy. The court record includes claims that the payment could make staffing more difficult for public institutions and health care systems, but those potential effects should not be treated as independently proven causation.
What happens next
The administration can continue pursuing its appeal of the Massachusetts judgment and may seek additional relief from the First Circuit or a higher court. The July 24 stay ruling does not permanently decide whether the payment policy was lawful nationwide.
Separate litigation has also produced conflicting rulings, adding to the uncertainty surrounding the policy. The next major developments are likely to come from the First Circuit’s merits appeal, any emergency request for further relief, and updated agency guidance on how covered petitions should be handled.
Until then, the practical position is straightforward: the $100,000 H-1B payment requirement remains blocked for now, while the underlying legal fight continues.
Sources
- First Circuit order in State of California v. Mullin
- Massachusetts federal court H-1B summary judgment decision
- Associated Press report on the H-1B fee ruling
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