Recent litigation has affected the implementation of the $100,000 fee applicable to certain H-1B petitions per the September 19, 2025 Presidential Proclamation “Restriction on Entry of Certain Nonimmigrant Workers.”
On July 24, 2026, the U.S. Court of Appeals for the First Circuit denied the Department of Homeland Security’s (DHS) request to stay (pause) a June 8, 2026 order issued by the U.S. District Court for the District of Massachusetts to cease collection of the $100,000. DHS has since confirmed that it is complying with the court’s order and is not currently collecting the $100,000 fee.
The First Circuit’s order means that the $100,000 H-1B fee remains vacated pending a decision on the merits in the underlying appeal. It is widely expected that the Trump administration will petition the Supreme Court if it loses on the merits in the First Circuit. A final First Circuit decision is not expected until sometime in 2027.
Although employers are not presently required to submit the payment, the litigation remains ongoing. DHS has publicly stated that it disagrees with the court’s rulings and is considering further legal action. The agency has also indicated that it intends to resume collection of the payment requirement if the order is later overturned or otherwise lifted.
LAC will continue to monitor this matter and provide updates as additional information becomes available. If you have questions regarding how these developments may affect your organization or pending H-1B filings, please contact your LAC attorney.
This update was prepared by Brianda Renteria-Huber, Senior Associate Attorney – Larrabee Albi Coker LLP.