The Court Denies Government’s Request for Stay on Order Finding $100,000 H-1B Fee Unlawful
The First Circuit denied the government’s motion to stay the district court’s order in State of California v. Mullin, which found the $100,000 H-1B fee unlawful. Yesterday, USCIS acknowledged the order and confirmed that it will not collect the fee for H‑1B cases at this time, but stated that “DHS still plans to collect payment” if the order is lifted. The government is expected to seek further review, with briefing on the merits of the First Circuit appeal expected to conclude October 16, 2026. Separately, counsel challenging the H‑1B $100,000 fee are seeking examples of employers and employees impacted by the September 2025 Proclamation.