1. Do employers have to pay the $100,000 H-1B fee right now?

No. As of July 24, 2026, the $100,000 H-1B payment requirement is not in effect because the district court vacated the policy and the First Circuit refused to stay that decision while the government’s appeal is pending.

2. What exactly did the First Circuit decide?

The First Circuit denied the federal government’s request to temporarily restore the $100,000 payment requirement during the appeal. The court stated: “We deny the motion.”

3. Did the First Circuit finally decide the entire case?

No. This was an interim decision regarding the government’s request for a stay. The court has not yet issued a final ruling on the complete merits of the appeal.

4. What is a “stay pending appeal”?

A stay would have temporarily suspended the district court’s judgment and allowed the government to continue enforcing the $100,000 payment requirement while the appeal was being decided.

5. Why does the $100,000 fee remain blocked?

The district court declared the government’s policy unlawful and vacated it in its entirety. The First Circuit declined to suspend that judgment.

6. Does this mean the presidential proclamation itself was permanently cancelled?

Not necessarily. The litigation challenged the actions taken by DHS and the Department of State to implement the proclamation. The present order concerns the government’s implementation policy and the request to restore it during the appeal.

7. Who would have been required to pay the $100,000?

Under the challenged policy, the payment was directed primarily at certain H-1B petitions involving individuals outside the United States. The proclamation instructed DHS to restrict decisions on petitions not accompanied by the payment and instructed the Department of State to limit approvals.

8. Does the decision apply only to the twenty states that filed the lawsuit?

The district court vacated the policy “in its entirety.” The First Circuit’s order left that vacatur in place by denying the government’s request for a stay.

9. Do employers still have to pay the regular H-1B filing fees?

Yes. The decision concerns only the additional $100,000 payment requirement. Normal USCIS filing fees, fraud fees, training fees, asylum program fees and premium-processing fees, when applicable, remain separate.

10. Does this affect H-1B extensions filed inside the United States?

The litigation concerned the extraordinary $100,000 payment requirement. Regular H-1B extensions and amendments remain subject to the ordinary USCIS filing requirements.

11. Does this affect H-1B transfers?

The $100,000 requirement is presently not enforceable. However, an H-1B transfer must still satisfy all normal eligibility, employer, wage, LCA and filing-fee requirements.

12. Does this affect cap-subject H-1B petitions?

Yes, to the extent a cap-subject petition would otherwise have been subjected to the additional $100,000 payment. The ordinary H-1B cap rules and standard filing fees still apply.

13. Does this decision automatically refund employers who already paid $100,000?

The court order itself does not establish a refund process. Employers who previously paid the amount should preserve proof of payment and wait for formal agency guidance or consider legal advice regarding recovery.

14. Can USCIS still reject a petition for not including the $100,000 payment?

Based on the current court posture, the vacated policy should not be enforced. However, employers should confirm the latest USCIS filing instructions before submitting a petition because further court or agency developments may occur.

15. Why did the First Circuit refuse to restore the fee?

The court found that the government had not made a strong showing that it was likely to succeed on appeal. The court emphasized that Congress generally speaks explicitly when authorizing immigration-related fees.

16. Did the court say the President can never impose immigration restrictions?

No. The court did not make such a broad ruling. It focused on whether the statutes relied upon by the government clearly authorized this particular $100,000 payment requirement.

17. Can the government continue appealing?

Yes. The government may continue with the underlying appeal and seek a final appellate ruling.

18. Can the government ask the Supreme Court to restore the payment?

Yes. The government may seek additional emergency relief, including from the U.S. Supreme Court. There is no guarantee that such relief would be granted.

19. Could the $100,000 requirement come back?

Yes. It could return if a higher court grants a stay, if the government ultimately wins the appeal, or if Congress passes legislation authorizing such a payment. Therefore, employers should not assume the issue is permanently resolved.

20. What should employers do before filing an H-1B petition?

Employers should proceed under the currently effective filing requirements, verify the latest USCIS and Department of State instructions, and avoid paying the additional $100,000 unless the law or official guidance changes. The July 24, 2026 order is favorable, but the underlying litigation is still ongoing.

Bottom Line

As of July 24, 2026, employers do not have to pay the additional $100,000 H-1B payment because the district court vacated the policy and the First Circuit refused to restore it during the government’s appeal. This is an interim victory, not necessarily the final conclusion of the litigation. The First Circuit expressly denied the government’s motion to stay the district court’s June 8, 2026 judgment.

By: Rahul Reddy

Rahul Reddy is the founding partner of Reddy Neumann Brown PC. He founded our firm in 1997 and has over 28 years of experience practicing employment-based immigration. Rahul‘s vast knowledge of the complex immigration system makes him an invaluable resource and an expert in the field. His personal experience with the immigration system has made him empathetic to each of his clients’ cases and empowered him to help others achieve the American Dream.

Rahul‘s dedication to serving the immigrant community is evident, from his daily free conference calls to his weekly immigration Q&As on Facebook and YouTube Live. He is an active member of the immigrant community and one of the founders of ITServe Alliance. He has been a member of American Immigration Lawyers Association since 1995.