A federal appeals court on Friday, July 24, 2026, refused to revive the Trump administration's $100,000 fee on new H-1B petitions, keeping a lower-court ruling against the policy in force while the appeal continues.

The order from the U.S. Court of Appeals for the First Circuit matters because the fee had turned an already expensive hiring process into a six-figure decision for employers seeking certain skilled foreign workers from outside the United States. The immediate practical question is what U.S. Citizenship and Immigration Services tells employers to do next.

What changed

The First Circuit denied the government's emergency request to stay a June 8 judgment from the U.S. District Court for the District of Massachusetts. That district court had vacated actions by the Department of Homeland Security and the Department of State that implemented a presidential proclamation requiring a $100,000 payment with H-1B petitions.

The appeals panel said the government had not shown enough likelihood of success at this stage to justify pausing the lower court's judgment. The case remains alive, but the emergency ruling means the lower-court block is no longer held back by the temporary pause that had been in place while the appeals court considered the stay request.

Why employers care

The ruling can affect budgets, start dates, offer letters, and immigration strategy for companies that expected to sponsor H-1B workers subject to the disputed payment. It may also matter for universities, hospitals, public agencies, and research employers that joined or supported challenges to the fee because a six-figure charge can change whether a job offer is viable.

It does not mean every H-1B question is resolved. Employers still have to follow ordinary petition rules, cap limits, labor-condition requirements, filing deadlines, and any agency instructions that USCIS issues after the appeals order.

Who should pay attention

Employers with pending or near-term H-1B plans should check official USCIS instructions before filing, refiling, or assuming a payment is no longer required in every scenario. Fragomen, an immigration law firm tracking the case, said updated agency guidance and filing procedures are expected, though it may take several days for those instructions to arrive.

The H-1B program is used for specialty occupations that typically require at least a bachelor's degree. USCIS said this month that it had already received enough petitions to meet the fiscal year 2027 cap: 65,000 regular H-1B visas plus 20,000 additional spots for workers with U.S. advanced degrees.

What is still unsettled

The order does not end the lawsuit. It rejects the government's request for emergency relief while the broader appeal proceeds. Bloomberg Law reported that separate challenges to the fee are still pending in other federal courts, which means employers may see more litigation updates before the policy question is fully settled.

For workers and employers, the safest next step is procedural rather than political: confirm the current USCIS filing page, preserve proof of any earlier fee communications or payments, and avoid relying on summaries that do not distinguish between a final decision and a stay ruling. If a filing deadline is close, get case-specific immigration advice before changing course.