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ARTICLE · 31 JULY 2026

First Circuit Denies Government’s Request To Stay Decision Striking Down $100,000 H-1B Fee

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In September 2025, President Trump issued Presidential Proclamation 10973, imposing a $100,000 supplemental fee on new H-1B visa petitions for beneficiaries outside the United States (i.e., petitions subject to consular processing), with limited exceptions for national interest cases.

United StatesImmigration
Sarah J. Hawk
Sarah J. Hawk
Tejas Shah
Tejas Shah
Michael E. Durham
Michael E. Durham
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Highlights

  • On July 24, the U.S. Court of Appeals for the First Circuit denied the federal government’s motion to stay a lower court order that vacated the $100,000 supplemental fee on certain H-1B visa petitions.
  • The court found the government failed to make a strong showing of likely success on the merits, concluding that the Immigration and Nationality Act does not clearly authorize the executive branch to impose a $100,000 H-1B fee.
  • With the stay denied, the district court’s nationwide vacatur is reinstated — employers are not currently required to pay the $100,000 fee in connection with covered H-1B petitions, including consular-processing petitions.
  • The government’s appeal on the merits remains pending, and the legal landscape could shift with further rulings — potentially including U.S. Supreme Court review.

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