$100,000 H-1B fee update: First Circuit refused to reimplement $100,000 fee during appeals process

On July 24, 2026, the First Circuit Court temporarily barred the Trump Administration from imposing the $100,000 Presidential Proclamation fee on certain H-1B petitions. For background on this fee, read our summary post here and our most recent update on the district court ruling here.

In the July 24, 2026 ruling, the First Circuit ruled against the Trump Administration's request to reinstate the $100,000 tax during the appeals process. The $100,000 is therefore currently not in effect. The appeals process will likely take several weeks or longer, and it is possible that the Supreme Court will also pick up the case. We will continue to provide updates on this fee as they become available.