Appeals Court Keeps $100,000 H-1B Fee Blocked

On July 24, 2026, the U.S. Court of Appeals for the First Circuit denied the government’s motion to stay the district court judgment that vacated the policy implementing the $100,000 H-1B fee. The administrative stay that reinstated the fee on June 12 is therefore lifted, and the vacatur stands while the government’s appeal proceeds.

The timing of the Proclamation’s expiration is also increasingly important. By its terms, Proclamation 10973 imposes a temporary 12-month restriction that will expire on September 20, 2026, unless extended. With approximately six weeks remaining, the practical question for many employers is becoming more immediate: what exposure exists during the remaining period, and will the Administration extend, renew, or reissue the Proclamation, regardless of when the First Circuit ultimately rules?