CA1 Denies Government’s Request for Stay on Order Finding $100,000 H-1B Fee Unlawful
The United States Court of Appeals for the First Circuit denied the government’s motion to stay the district court order in State of California v. Mullin, which found the $100,000 H-1B fee unlawful. (State of California v. Mullin, 7/24/26)
Although U.S. Citizenship and Immigration Services (USCIS) has not issued further guidance on the applicability of fee, the fee should not be required at this time. The government would need to be granted a stay of the First Circuit decision from the Supreme Court before requiring payment again.
It is expected that the government will likely file a stay within the next several days, but it may be weeks to months before a Supreme Court decision on the request. Briefing on the merits of the government’s appeal in the First Circuit is expected to conclude October 16, 2026.
AILA will provide updates as necessary.
Updated 7/29/2026
On the evening of July 28, 2026, USCIS acknowledged the First Circuit Court's order denying the motion to stay and has agreed to comply and will not collect the $100,000 fee for H-1B cases. However, USCIS has mentioned that they are working on next steps and if the order was to be lifted, “DHS still plans to collect payment.”
AILA will continue to provide updates as they become available. Future updates will be shared in a separate practice resource.