Appeals Court Keeps Nationwide Block on $100,000 H‑1B Fee

Overview

• The First Circuit denied the government’s emergency motion to stay on July 24, leaving the Massachusetts district court’s June 8 vacatur of the $100,000 payment requirement in full effect.
• In a written order the court said the government failed to show a strong likelihood of success and stressed that imposing large fees requires clear congressional authorization.
• DHS and USCIS have said they will comply with the appeals court order and are not enforcing the fee, but in updated guidance they warned they may seek retroactive collection if a higher court later reinstates the requirement.
• The $100,000 fee was created by a presidential proclamation on September 19, 2025 and applied only to new H‑1B petitions for beneficiaries who would be approved abroad through consular processing.
• Practitioners advise employers to file affected H‑1B petitions now under the existing fee rules and to keep detailed records of filings and any payments because the split among federal courts raises the prospect of further appeals and possible Supreme Court review.