Federal Court Keeps $100,000 H-1B Payment Rule Blocked (07/24/2026)

Today, the U.S. Court of Appeals for the First Circuit denied the federal government’s request to pause a lower court ruling that blocked the $100,000 payment requirement for certain H-1B petitions.

As a result, the federal government cannot currently enforce or collect the additional $100,000 payment while the appeal remains pending.

The payment requirement originated from President Trump’s September 19, 2025 proclamation. DHS and the Department of State later issued policies and guidance to implement the requirement.

Twenty states challenged the policy, arguing that the administration exceeded its statutory authority and failed to comply with the Administrative Procedure Act. The U.S. District Court for the District of Massachusetts agreed and vacated the agency actions implementing the $100,000 payment requirement.

The federal government appealed that decision and asked the First Circuit to temporarily stay, or freeze, the district court’s judgment while the appeal proceeds. The First Circuit denied the request, meaning the district court’s judgment remains in effect during the appeal.

For now, employers filing new H-1B petitions for consular processing cases are only required to pay the normal USCIS filing fees. They do not need to submit an additional $100,000 payment.

USCIS and the Department of State also cannot currently deny an H-1B petition, visa application, or admission to the United States solely because the additional $100,000 payment was not made.

The litigation is still ongoing, and the legal situation could change depending on the outcome of the appeal. At present, however, the $100,000 H-1B payment requirement remains blocked and cannot be enforced.

Court Order: 26-1699 State of California v. Mullin