On July 24, 2026, the U.S. Court of Appeals for the First Circuit declined to stay the Massachusetts district court's June 8th ruling that vacated the $100,000 H-1B fee. As a result, the lower court's decision stands, and U.S. Citizenship and Immigration Services (USCIS) is currently prohibited from collecting the fee on H-1B petitions.
Per USCIS's alert, DHS will comply with the court's order while it considers next steps. DHS has indicated that if the order is later lifted, it still intends to collect the payment. USCIS is expected to release updated guidance and filing instructions in the coming days. Given DHS's stated intent, additional legal action or appeals remain possible.
We will share updated guidance as soon as it becomes available. In the meantime, we ask all our scholars and departmental administrators to continue consulting with our office before finalizing any affected H-1B petitions.
