First Circuit Pauses $100K H-1B Fee Policy During Appeal
In-house counsel and HR teams that sponsor H-1B visa holders can defer budgeting for the $100,000 per-worker fee while the appellate pause remains in place.
On July 24, 2026, the U.S. Court of Appeals for the First Circuit issued a stay blocking enforcement of the $100,000 per-worker H-1B application fee policy challenged in State of California v. Noem, pausing the rule while the underlying appeal proceeds. The steep fee, which would have applied to all new and renewed H-1B visa applications, is currently unenforceable, so employers do not need to pay the fee for filings submitted during the pause. In-house counsel should track the appeal’s status, retain records of all H-1B applications filed while the pause is active, and adjust upcoming immigration budget projections to exclude the fee unless the policy is ultimately upheld on appeal.