First Circuit Refuses to Pause Order Blocking $100,000 H-1B Fee
First Circuit Refuses to Pause Order Blocking $100,000 H-1B Fee
A federal appeals court has declined to stay an order setting aside the Trump administration’s $100,000 fee on new H-1B workers hired from outside the United States.
On July 24, 2026, a panel of the U.S. Court of Appeals for the First Circuit found that the government had not shown it was likely to succeed in challenging the district court’s decision that the fee exceeded the president’s authority.
The underlying ruling was issued on June 8 by Judge Leo Sorokin of the U.S. District Court for the District of Massachusetts. Judge Sorokin held that the fee violated the Constitution’s separation of powers by exercising Congress’s exclusive tax authority.
The case, State of California v. Mullin, was brought by Democratic states challenging the policy. After the June 8 ruling, Judge Sorokin temporarily paused his order while the First Circuit considered the administration’s request for an emergency stay.
The Department of Justice argued that the fee was a lawful use of the president’s foreign commerce and immigration powers. DOJ also argued that blocking the fee prevented the administration from addressing national security concerns connected to the H-1B program.
Related Litigation Still Pending
Separate challenges to the fee remain pending in the U.S. District Court for the Northern District of California and the U.S. Court of Appeals for the District of Columbia Circuit.
For employers and foreign professionals, this is an important development, but not the end of the litigation. Companies using the H-1B program should continue to monitor the courts closely and plan carefully before making sponsorship or hiring decisions.
Pollack, Pollack, Isaac & DeCicco, LLP advises employers, HR teams, and individual professionals on H-1B strategy, compliance, visa options, and long-term immigration planning.
To schedule a consultation regarding H-1B options, call 212-233-8100.
