US Appeals Court Declines to Temporarily Restore Contested H-1B Fee
BOSTON, July 29, 2026: A United States federal appeals court has refused the government’s request to temporarily restore a disputed $100,000 payment requirement for certain new H-1B petitions while litigation continues.
The First US Circuit Court of Appeals declined to suspend a lower-court judgment that had invalidated the fee. The district court previously concluded that the executive branch lacked clear congressional authority to impose a financial charge of that magnitude.
The immediate effect is that the contested payment requirement remains blocked while the government pursues its appeal. Employers are not presently required to pay the additional $100,000 fee covered by the judgment, unless a subsequent court order changes the legal position.
The development is particularly significant for Indian professionals and American employers recruiting skilled workers from India. Indian nationals have historically represented a substantial share of H-1B beneficiaries, especially in technology, healthcare, research and engineering.
The appeals court’s decision concerns whether the fee should remain in place during litigation. It is not a final ruling on every legal issue in the case, and the government’s underlying appeal remains pending.
Employers and applicants should follow updated instructions from US Citizenship and Immigration Services before submitting a petition, as the rules could change following further court proceedings.
